Jupiter v. State, No. 1D00-5034.

CourtCourt of Appeal of Florida (US)
Writing for the CourtWEBSTER, J.
Citation833 So.2d 169
PartiesLee Neuland JUPITER, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.
Docket NumberNo. 1D00-5034.
Decision Date15 November 2002

833 So.2d 169

Lee Neuland JUPITER, Appellant/Cross-Appellee,
v.
STATE of Florida, Appellee/Cross-Appellant

No. 1D00-5034.

District Court of Appeal of Florida, First District.

November 15, 2002.

Rehearing Denied December 23, 2002.


Robert Augustus Harper and Jason Michael Savitz of Robert Augustus Harper Law Firm, P.A., Tallahassee, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General; Robert L. Martin, Assistant Attorney General, Tallahassee, for Appellee/Cross-Appellant.

WEBSTER, J.

In this direct criminal appeal, appellant claims that the trial court abused its discretion when it denied a motion for a mistrial and a subsequent motion seeking a new trial. The state cross-appeals, pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(J), claiming that the trial court erred when it refused to assess on the sentencing guidelines scoresheet victim injury points for distinct injuries sustained by a single victim as the result of separate offenses. Because we conclude that appellant has failed to demonstrate that the trial court abused its discretion, we affirm as to the two issues raised by him without further discussion. As to the state's crossappeal, while the trial court correctly applied a prior decision of this court, we now recede, en banc, from that decision. Accordingly, we vacate appellant's sentence and remand for resentencing.

Appellant was convicted, following a jury trial, of conspiracy to kidnap, false imprisonment and third-degree murder, all of which were committed in December 1997, and all of which involved the same victim. At sentencing, the state argued that victim injury points should be assessed on the guidelines scoresheet for both the false imprisonment and the murder convictions. Relying on Hudson v. State, 765 So.2d 273 (Fla. 1st DCA 2000), a then recent decision

833 So.2d 170
by this court, appellant's lawyers argued that victim injury points could be assessed only for one offense committed against a particular victim. After reading the Hudson decision and listening to additional argument, the trial court reluctantly concluded that, although Hudson appeared to be irreconcilable with the clear language of the applicable rule of criminal procedure, it was obliged to follow Hudson. Accordingly, the trial court assessed points for the third-degree murder conviction, but not for the false imprisonment conviction. Our standard of review for this ruling involving a pure issue of law is de novo. Rittman v. Allstate Ins. Co., 727 So.2d 391, 393 (Fla. 1st DCA 1999)

Because the offenses for which appellant was convicted were committed in December 1997, the applicable Florida Rule of Criminal Procedure is rule 3.703(d)(9). Compare Fla. R.Crim. P. 3.703(a) ("This rule applies to offenses committed on or after October 1, 1995") with Fla. R.Crim. P. 3.704(a) ("This rule applies to offenses committed on or after October 1, 1998"); see also Heggs v. State, 759 So.2d 620 (Fla.2000) (holding that the...

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12 practice notes
  • Lee v. State, CASE NO. 1D15-0943
    • United States
    • Florida District Court of Appeals
    • 1 Junio 2017
    ...2006); Burrows v. State, 649 So. 2d 902, 903 (Fla. 1st DCA 1995) (superseded by statute on other grounds as stated in Jupiter v. State, 833 So. 2d 169 (Fla. 1st DCA 2002)). When determining whether offenses occurred during the same criminal episode, the reviewing court examines the entire r......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...Inc., 840 So.2d 1071 (Fla. 1st DCA 2003) (en banc decision released without antecedent publication of panel decision); Jupiter v. State, 833 So.2d 169 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...Inc., 840 So.2d 1071 (Fla. 1st DCA 2003) (en banc decision released without antecedent publication of panel decision); Jupiter v. State, 833 So.2d 169 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 ......
  • Lee v. State, CASE NOS. 1D15–0943 & 1D15–0945
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2017
    ...2006) ; Burrows v. State , 649 So.2d 902, 903 (Fla. 1st DCA 1995) (superseded by statute on other grounds as stated in Jupiter v. State , 833 So.2d 169 (Fla. 1st DCA 2002) ). When determining whether offenses occurred during the same criminal episode, the reviewing court examines the entire......
  • Request a trial to view additional results
12 cases
  • Lee v. State, CASE NO. 1D15-0943
    • United States
    • Florida District Court of Appeals
    • 1 Junio 2017
    ...2006); Burrows v. State, 649 So. 2d 902, 903 (Fla. 1st DCA 1995) (superseded by statute on other grounds as stated in Jupiter v. State, 833 So. 2d 169 (Fla. 1st DCA 2002)). When determining whether offenses occurred during the same criminal episode, the reviewing court examines the entire r......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...Inc., 840 So.2d 1071 (Fla. 1st DCA 2003) (en banc decision released without antecedent publication of panel decision); Jupiter v. State, 833 So.2d 169 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...Inc., 840 So.2d 1071 (Fla. 1st DCA 2003) (en banc decision released without antecedent publication of panel decision); Jupiter v. State, 833 So.2d 169 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 ......
  • Lee v. State, CASE NOS. 1D15–0943 & 1D15–0945
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2017
    ...2006) ; Burrows v. State , 649 So.2d 902, 903 (Fla. 1st DCA 1995) (superseded by statute on other grounds as stated in Jupiter v. State , 833 So.2d 169 (Fla. 1st DCA 2002) ). When determining whether offenses occurred during the same criminal episode, the reviewing court examines the entire......
  • Request a trial to view additional results

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