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495 So. 2d 845

495 So.2d 845

11 Fla.L.Weekly 2129

Docket No. 85-2476.

Mize v. State

Jack MIZE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 7, 1986.

District Court of Appeal of Florida · decided 1986-10-07

Key passage — most relied on by later courts

“Offenders on parole, probation, or community control; offenders 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.”

quoted by 1 later decision, including 697 So. 2d 997 - Annunziata v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-07

How this case has been cited

Cited by 8 later decisions — most recently April 2011

8 state decisions

401986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*846 Bennett H. Brummer, Public Defender, Beth C. Weitzner, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., Nancy C. Wear, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

¶4SCHWARTZ, Chief Judge.

¶5In 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.

¶6Florida 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.

¶7The 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.

¶8Reversed.

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