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Mize v. State

District Court of Appeal of Florida, Third District
Oct 7, 1986
495 So. 2d 845 (Fla. Dist. Ct. App. 1986)

Summary

noting that Florida Rule of Criminal Procedure 3.701(d) did not define legal status to include a situation where the defendant was on pretrial release

Summary of this case from Morrison v. State

Opinion

No. 85-2476.

October 7, 1986.

Appeal from the Circuit Court, Monroe County, J. Allison DeFoor, II, J.

Bennett H. Brummer, Public Defender, Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


In computing the defendant's guidelines score, the trial court, over objection, included points under the "legal status" or "legal constraint" category because, at the time Mize committed the instant offense in Monroe County, he had been granted pretrial custody release on a Dade County felony charge. We agree with Mize that this addition was unauthorized.

Florida Rule of Criminal Procedure 3.701d expressly provides:

6. Legal status at time of offense is defined as follows: Offenders on parole, probation, or community control; in custody serving a sentence; escapees; fugitives who have fled to avoid prosecution or who have failed to appear for a criminal judicial proceeding or who have violated conditions of a supersedeas bond; and offenders in pretrial intervention or diversion programs.

The self-evident fact that this does not include a pretrial release status is confirmed by the Guidelines Commission's comment to the rule which states that "[f]orms of pretrial release (bail) were expressly excluded from this definition." Sentencing Guidelines Commission, Guidelines Manual, Rule 3.701(d)6 comment (1983). Accordingly, the sentence is reversed and the cause remanded for resentencing under the guidelines without including points for the "legal status" factor.

Reversed.


Summaries of

Mize v. State

District Court of Appeal of Florida, Third District
Oct 7, 1986
495 So. 2d 845 (Fla. Dist. Ct. App. 1986)

noting that Florida Rule of Criminal Procedure 3.701(d) did not define legal status to include a situation where the defendant was on pretrial release

Summary of this case from Morrison v. State
Case details for

Mize v. State

Case Details

Full title:JACK MIZE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 7, 1986

Citations

495 So. 2d 845 (Fla. Dist. Ct. App. 1986)

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