Fudge v. State, 791 So. 2d 1186 (Fla. 5th DCA 2001). · Go Syfert
Fudge v. State, 791 So. 2d 1186 (Fla. 5th DCA 2001). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: RENALDO CHAMPAGNE v. STATE OF FLORIDA (fladistctapp, 2019-04-24)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) RENALDO CHAMPAGNE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
isdemeanors cannot be scored as primary offenses at conviction.
discussed Cited as authority (quoted) Champagne v. State
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
isdemeanors cannot be scored as primary offenses at conviction.
discussed Cited as authority (quoted) Champagne v. State
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
isdemeanors cannot be scored as primary offenses at conviction.
discussed Cited "see" Calhoun v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
Because the defendant’s agreed sentence was based upon a guidelines score-sheet which erroneously included points for victim injury on convictions of felony leaving the scene of an accident, Geary v. State, 675 So.2d 625 (Fla. 2d DCA 1996), review denied, 680 So.2d 422 (Fla.1996), and misdemeanor driving while license suspended, Geary; cf. May v. State, 747 So.2d 459 (Fla. 4th DCA 1999); see generally Fudge v. State, 791 So.2d 1186 (Fla. 5th DCA 2001), the order below denying her 3.800 motion is reversed with directions to permit the defendant, at her option, to withdraw her plea or to be se…
Retrieving the full opinion text from the archive…
Nacale FUDGE
v.
STATE of Florida
No. 5D00-3191.
District Court of Appeal of Florida, Fifth District.
Jul 27, 2001.
791 So. 2d 1186
James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. MeCravy, Assistant Attorney General, Daytona Beach, for Appellee.
Orfinger, Sharp, Thompson.
Cited by 4 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 67%
Citer courts: District Court of Appeal of Fl… (2)
SHARP, W., J.

Fudge appeals from his judgment and sentences for leaving the scene of an accident involving injury,[1] driving with a suspended license[2] and reckless driving.[3] On appeal, Fudge argues that only felonies qualify as additional offenses under the sentencing guidelines and thus the trial court erred in using the reckless driving offense, a misdemeanor, as an additional offense to score victim injury points. We disagree and affirm.

Fudge is correct that the sentencing guidelines apply only to felonies, that is, misdemeanors cannot be scored as primary offenses at conviction. State v. Troutman, 685 So.2d 1290 (Fla.1996); Armstrong v. State, 656 So.2d 455 (Fla.1995); Bordeaux v. State, 471 So.2d 1353 (Fla. 1st DCA 1985). We also acknowledge that the introductory language in section 921.0021 tends to support Fudge’s argument that additional offenses must be felonies:

921.0021 Definitions. — -As used in this chapter, for any felony offense, except any capital felony, committed on or after October 1,1998, the term:
(1) “Additional offense” means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.
(7)(a) “Victim injury” means the physical injury or death suffered by a person as a direct result of the primary offense, or any additional offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense, (emphasis added).

[*1188] Nonetheless, courts may depart from the literal meaning of a statute when such literal interpretation would lead to an illogical result or one not intended by the Legislature. Parker v. State, 406 So.2d 1089 (Fla.1981). See also State Farm Mut. Auto. Ins. Co. v. Link, 416 So.2d 875 (Fla. 5th DCA 1982) (courts should not construe a statute in such a manner as to reach an illogical or ineffective conclusion).

We conclude that the Legislature intended for misdemeanors to qualify as “additional offenses.” The Criminal Punishment Code includes misdemeanors as additional offenses. The Criminal Punishment Code worksheet lists misdemeanors under additional offenses and provides that each misdemeanor scores 0.2 points. See § 921.0024(l)(a), Fla. Stat.

Here, the primary offense at conviction was the felony offense of leaving the scene of an accident. The two other offenses, both misdemeanors, were properly listed as “additional offenses.” They were offenses other than the primary offense for which Fudge was convicted and were pending before the court at the time of sentencing of the primary offense. Thus victim injury points for the additional offense of reckless driving were properly scored.

AFFIRMED.

THOMPSON, C.J., ORFINGER, R.B., J., concur.
1

§ 316.027(l)(a), Fla. Stat.

2

. § 322.34(2)(a), Fla. Stat.

3

§ 316.192, Fla. Stat.