Gibson v. State, 96-00750
| Decision Date | 09 April 1997 |
| Docket Number | No. 96-00750,96-00750 |
| Citation | 691 So.2d 544 |
| Parties | 22 Fla. L. Weekly D920 Ladawn GIBSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Julianne M. Holt, Public Defender, and Theda James, Assistant Public Defender, Tampa, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellee.
The appellant, Ladawn Gibson, challenges the judgment and sentence imposed upon her after she was found guilty of violating her community control. We find no merit in the appellant's contention that the trial court erred by revoking her community control, but because of a guidelines scoresheet error, we must remand for resentencing. The appellant originally pled guilty to the crime of aggravated child abuse in violation of section 827.03(1)(b), Florida Statutes (1993). The trial court sentenced the appellant to serve one year of community control to be followed by four years of probation. The sentence was a downward departure based upon the appellant's plea. The guidelines scoresheet classified the offense as a level eight offense.
Based upon the evidence presented at an evidentiary hearing held pursuant to an affidavit charging the appellant with violations of the terms and conditions of her community control, the court revoked the appellant's community control and sentenced her to 70.4 months in the state prison. The appellant filed a timely notice of appeal.
As mentioned above, we find no merit in any of the appellant's contentions concerning the violation of her community control and affirm the order revoking her community control without further discussion. We do find, however, that there was a sentencing error based upon the improper application of section 921.0012, Florida Statutes (1993).
Florida Rule of Criminal Procedure 3.702(c) provides that felony offenses not listed in section 921.0012 are assigned a severity level as described in section 921.0013. Appellant was charged with aggravated battery on a child in violation of section 827.03(1)(b) and not pursuant to section 827.03(1)(a). Aggravated battery on a child as defined in section 827.03(1)(a) is the only form of aggravated child abuse specifically listed in the 1993 version of section 921.0012. The legislature amended section 921.0012 in 1995 but that version of the statute does not apply in this case.
Because a violation of section 827.03(1)(b) was not specifically listed in section 921.0012 the severity level for this crime should have been...
To continue reading
Request your trial
-
Overway v. State, 96-3077
...Defendant's other claims of error are without merit. See State v. Craft, 685 So.2d 1292, 1293 (Fla.1996); see also Gibson v. State, 691 So.2d 544, 545 (Fla. 2d DCA 1997); Kama v. State, 507 So.2d 154, 156 (Fla. 1st DCA 1987); § 921.6012(2), Fla. Stat. (Supp.1996); § 921.0016(1)(b), Fla. Sta......
-
Colson v. State, 96-03342
...as a level one offense. See § 921.0013(1), Fla. Stat. (1993). See also Kahn v. State, 700 So.2d 767 (Fla. 2d DCA 1997); Gibson v. State, 691 So.2d 544 (Fla. 2d DCA 1997). Appellant's scoresheet must be corrected to reflect a level one offense ranking instead of a level two. We, therefore, r......
-
Roberts v. State, 97-1834
...and the trial court erred when it denied defendant's motion to correct his sentencing guidelines scoresheet. See Gibson v. State, 691 So.2d 544, 545 (Fla. 2d DCA 1997). On cross-appeal, the state argues the trial court lacked authority to resentence defendant in this case because this court......
-
Kahn v. State, 96-03039
...we have previously held that section 921.0013 must be applied under circumstances identical to the present one. See Gibson v. State, 691 So.2d 544 (Fla. 2d DCA 1997). We reverse the sentence imposed and remand for resentencing with the second-degree felony of vehicular homicide ranked at se......