SUMMARY: 7-0 Decision. The Court held that offenses for which the defendant has completed probation cannot be used as pending offenses on the criminal punishment code scoresheet when the defendant violates probation on another offense. Mr. Sanders was entitled to be resentenced and have his scoresheet corrected.
In this case we consider whether sentence points were properly scored on the Criminal Punishment Code (CPC) scoresheet used for sentences imposed upon the revocation of probation. We have for review the decision of the Second District Court of Appeal in Sanders v. State, 16 So. 3d 232 (Fla. 2d DCA 2009), in which the Second District certified a question to this Court to be of great public importance. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We have revised the question as follows:
WHEN A DEFENDANT IS TO BE SENTENCED UPON REVOCATION OF PROBATION AND PRIOR TO THAT REVOCATION THE TRIAL COURT‟S JURISDICTION OVER ONE OR MORE OF THE ORIGINALLY SENTENCED OFFENSES HAS EXPIRED, MAY THE OFFENSES OVER WHICH THE TRIAL COURT NO LONGER HAS JURISDICTION BE SCORED AS ADDITIONAL OFFENSES?
For the reasons that follow, we answer the rephrased certified question in the negative. Offenses over which the trial court no longer has jurisdiction cannot be scored as additional offenses during a sentencing proceeding following a violation of probation because they do not fit the definition of “additional offense” set out in section 921.0021, Florida Statutes (1999). Accordingly, we quash the decision under review and remand the case for proceedings consistent with this opinion.
Amazes me how the statutory language says "ONE SCORESHEET" for sentencing and thereafter the judiciary will convert it into "TWO SHEETS" (plural). I'm the same one as the state relied upon for its brief claiming it was of great public importance. The Florida Supreme cout had already denied review to me in 2001. However, The same Supreme Court granted review (to Sanders, on the same issue) in 2010.
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