Noland v. State, BK-400
| Decision Date | 10 June 1986 |
| Docket Number | No. BK-400,BK-400 |
| Citation | 11 Fla. L. Weekly 1302,489 So.2d 873 |
| Parties | 11 Fla. L. Weekly 1302 Floyd Edwin NOLAND, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Allen, Public Defender, P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellee.
Noland appeals from a sentence imposed following entry of a guilty plea to one count of forgery and one count of uttering a forged check. Two points have been raised for our review. First, whether the trial court erred in scoring two prior theft convictions from Indiana as felonies on Noland's guideline scoresheet. Secondly, whether the trial court erred in assessing court costs against Noland, who is an indigent, instead of ordering community service hours. We reverse.
Rule 3.701(d)(5)(a)(2), Fla.R.Crim.P., provides:
When scoring federal, foreign, military, or out-of-state convictions, assign the score for the analogous or parallel Florida Statute.
The theft of property with a value less than $100 in Florida is a misdemeanor. Section 812.014(2)(c), Florida Statutes (1983). The Indiana statute under which Noland was convicted for a theft involving $25 worth of property and a theft involving $46 worth of property provides that the theft of any property, without regard to value, is a "Class D Felony," Chapter 35-43-4-2(a), Ind.Stat.Ann., punishable by two years in prison. Nonetheless, according to the cited rule the Indiana thefts should have been scored as misdemeanors because petit theft is a misdemeanor in Florida.
Likewise, the two Indiana thefts were incorrectly used as prior theft offenses in Part III B () of Noland's scoresheet. Bordeaux v. State, 471 So.2d 1353 (Fla. 1st DCA 1985) (). Therefore, we vacate Noland's sentence and remand the cause for entry of a new sentence in accordance with the guidelines and this opinion.
Section 27.3455(1), Florida Statutes (1985), provides:
All applicable fees and court costs shall be paid in full prior to the granting of any gain-time accrued. However, the court shall sentence those persons whom it determines to be indigent to a term of community service in lieu of the costs prescribed in this section, and such indigent persons shall be eligible to accrue gain-time and shall serve the term of community service at the termination of incarceration. Each hour of community service shall be credited against the additional cost imposed by the court at a rate equivalent to the minimum wage....
Noland was adjudged insolvent after his arrest and was represented in the trial court by the local public defender. During the sentencing hearing, counsel for Noland made an oral motion that the court substitute a term of community service in lieu of the $200 court costs imposed. The trial judge responded he was not sure whether Noland was indigent to the point he...
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...1987); Frazier v. State, 515 So.2d 1061 (Fla. 5th DCA 1987); Armontrout v. State, 503 So.2d 984 (Fla. 5th DCA 1987); Noland v. State, 489 So.2d 873 (Fla. 1st DCA 1986); Robbins v. State, 482 So.2d 580 (Fla. 5th DCA 1986); Rodriguez v. State, 472 So.2d 1294 (Fla. 5th DCA 1985); Arquilla v. S......
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...held. Slaughter v. State, 493 So.2d 1109 (Fla. 1st DCA 1986); Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); and Noland v. State, 489 So.2d 873 (Fla. 1st DCA 1986). Accordingly, we reverse appellant's sentences and the imposition of costs, and remand for resentencing consistent with th......
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Slaughter v. State, s. BJ-115
...service in lieu of the imposition of additional court costs. Lawton v. State, 492 So.2d 404 (Fla. 1st DCA 1986); Noland v. State, 489 So.2d 873 (Fla. 1st DCA 1986). We recognize that a defendant's financial situation may change after his conviction. However, we believe the statute, properly......
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Frazier v. State, 86-21
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