Jaggers v. State, No. BC-32

CourtCourt of Appeal of Florida (US)
Writing for the CourtNIMMONS
Citation492 So.2d 418,11 Fla. L. Weekly 1501
Parties11 Fla. L. Weekly 1501 Daniel F. JAGGERS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. BC-32
Decision Date09 July 1986

Page 418

492 So.2d 418
11 Fla. L. Weekly 1501
Daniel F. JAGGERS, Appellant,
v.
STATE of Florida, Appellee.
No. BC-32.
District Court of Appeal of Florida,
First District.
July 9, 1986.
Rehearing Denied Aug. 27, 1986.

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.

NIMMONS, Judge.

Appellant was found guilty of committing a lewd and lascivious assault upon a twelve year old girl in violation of Section 800.04, Florida Statutes (1981), and sentenced to fifteen years incarceration. We find no merit in the appellant's assertion that the trial court reversibly erred in excluding the testimony of a psychiatrist and therefore affirm the conviction. However, we find that the court erred in imposing sentence and remand for resentencing.

The trial judge apparently did not have a proper guidelines scoresheet before him when he imposed the appellant's sentence. The record indicates that two scoresheets had been prepared for the sentencing hearing. The original scoresheet indicated a recommended sentence of seven to nine years. Appellant's counsel objected to the calculations made in this scoresheet. This scoresheet is contained in the record and has the word "void" written on its face. Counsel for appellant then informed

Page 419

the trial court that a revised scoresheet had been prepared. However, the record does not contain this second scoresheet.

There is no evidence that the trial judge relied upon any scoresheet before imposing the appellant's sentence. In fact, the judge stated that he was departing from the guidelines regardless of which scoresheet would be accepted.

It is now well-established that the trial court must make an initial determination of the sentencing guidelines range before the court can properly impose sentence outside such range. Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984), modified, 478 So.2d 1054 (Fla.1985). A trial judge who does not have a scoresheet before him when he imposes sentence cannot make an initial determination of the recommended sentence range. Gage v. State, 461 So.2d 202 (Fla. 1st DCA 1984).

We have considered and reject the appellant's additional argument that he never made a valid election to be sentenced under the guidelines.

Finally, the appellant asserts that the reasons given for guidelines departure were not valid. We will not presume...

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3 practice notes
  • Jaggers v. State, No. BQ-95
    • United States
    • Court of Appeal of Florida (US)
    • 23 Junio 1987
    ...control. We agree and reverse. This is the second time that Jaggers has appealed the sentence for this conviction. In Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986), this court reversed appellant's 15 year sentence because there was no evidence that the trial court relied upon a senten......
  • Moore v. State, No. 87-1580
    • United States
    • Florida District Court of Appeals
    • 17 Noviembre 1987
    ...on other grounds, State v. Whitfield, 487 So.2d 1045 (Fla.1986); Davis v. State, 493 So.2d 82 (Fla. 1st DCA 1986); Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986). In this case, the fact that no scoresheet was prepared without removing points for the inapplicable robbery conviction requ......
  • State v. Paul, No. 88-1951
    • United States
    • Court of Appeal of Florida (US)
    • 1 Febrero 1989
    ...3.701(d)(1); Richards v. State, 502 So.2d 1000 (Fla. 2d DCA 1987); Parker v. State, 506 So.2d 86 (Fla. 2d DCA 1987); Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986). The parties' dispute over the accuracy of the guidelines scoresheet, the absence of proof as to its accuracy, and the fac......
3 cases
  • Jaggers v. State, No. BQ-95
    • United States
    • Court of Appeal of Florida (US)
    • 23 Junio 1987
    ...control. We agree and reverse. This is the second time that Jaggers has appealed the sentence for this conviction. In Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986), this court reversed appellant's 15 year sentence because there was no evidence that the trial court relied upon a senten......
  • Moore v. State, No. 87-1580
    • United States
    • Florida District Court of Appeals
    • 17 Noviembre 1987
    ...on other grounds, State v. Whitfield, 487 So.2d 1045 (Fla.1986); Davis v. State, 493 So.2d 82 (Fla. 1st DCA 1986); Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986). In this case, the fact that no scoresheet was prepared without removing points for the inapplicable robbery conviction requ......
  • State v. Paul, No. 88-1951
    • United States
    • Court of Appeal of Florida (US)
    • 1 Febrero 1989
    ...3.701(d)(1); Richards v. State, 502 So.2d 1000 (Fla. 2d DCA 1987); Parker v. State, 506 So.2d 86 (Fla. 2d DCA 1987); Jaggers v. State, 492 So.2d 418 (Fla. 1st DCA 1986). The parties' dispute over the accuracy of the guidelines scoresheet, the absence of proof as to its accuracy, and the fac......

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