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Florida Statute 921.002 | Lawyer Caselaw & Research
F.S. 921.002 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.002
921.002 The Criminal Punishment Code.The Criminal Punishment Code shall apply to all felony offenses, except capital felonies, committed on or after October 1, 1998.
(1) The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a sentencing policy. The Criminal Punishment Code embodies the principles that:
(a) Sentencing is neutral with respect to race, gender, and social and economic status.
(b) The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment.
(c) The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.
(d) The severity of the sentence increases with the length and nature of the offender’s prior record.
(e) The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time as provided by law, and may not be shortened if the defendant would consequently serve less than 85 percent of his or her term of imprisonment as provided in s. 944.275(4). The provisions of chapter 947, relating to parole, shall not apply to persons sentenced under the Criminal Punishment Code.
(f) Departures below the lowest permissible sentence established by the code must be articulated in writing by the trial court judge and made only when circumstances or factors reasonably justify the mitigation of the sentence. The level of proof necessary to establish facts that support a departure from the lowest permissible sentence is a preponderance of the evidence.
(g) The trial court judge may impose a sentence up to and including the statutory maximum for any offense, including an offense that is before the court due to a violation of probation or community control.
(h) A sentence may be appealed on the basis that it departs from the Criminal Punishment Code only if the sentence is below the lowest permissible sentence or as enumerated in s. 924.06(1).
(i) Use of incarcerative sanctions is prioritized toward offenders convicted of serious offenses and certain offenders who have long prior records, in order to maximize the finite capacities of state and local correctional facilities.
(2) When a defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the former sentencing guidelines or the code, each felony shall be sentenced under the guidelines or the code in effect at the time the particular felony was committed. This subsection does not apply to sentencing for any capital felony.
(3) A court may impose a departure below the lowest permissible sentence based upon circumstances or factors that reasonably justify the mitigation of the sentence in accordance with s. 921.0026. The level of proof necessary to establish facts supporting the mitigation of a sentence is a preponderance of the evidence. When multiple reasons exist to support the mitigation, the mitigation shall be upheld when at least one circumstance or factor justifies the mitigation regardless of the presence of other circumstances or factors found not to justify mitigation. Any sentence imposed below the lowest permissible sentence must be explained in writing by the trial court judge.
(4)(a) The Department of Corrections shall report on trends in sentencing practices and sentencing score thresholds and provide an analysis on the sentencing factors considered by the courts and shall submit this information to the Legislature by October 1 of each year.
(b) The Criminal Justice Estimating Conference, with the assistance of the Department of Corrections, shall estimate the impact of any proposed change to the Criminal Punishment Code on future rates of incarceration and on the prison population. The Criminal Justice Estimating Conference shall base its projections on historical data concerning sentencing practices which have been accumulated by the Department of Corrections and other relevant data from other state agencies and records of the Department of Corrections which disclose the average time served for offenses covered by any proposed changes to the Criminal Punishment Code.
(c) In order to produce projects that are either required by law or requested by the Legislature to assist the Legislature in making modifications to the Criminal Punishment Code, the Department of Corrections is authorized to collect and evaluate Criminal Punishment Code scoresheets from each of the judicial circuits after sentencing. Beginning in 1999, by October 1 of each year, the Department of Corrections shall provide an annual report to the Legislature that shows the rate of compliance of each judicial circuit in providing scoresheets to the department.
History.s. 3, ch. 97-194; s. 2, ch. 98-204; s. 124, ch. 2010-5; s. 8, ch. 2017-31.

F.S. 921.002 on Google Scholar

F.S. 921.002 on Casetext

Amendments to 921.002


Arrestable Offenses / Crimes under Fla. Stat. 921.002
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.002.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SHINE, Jr. v. STATE, 273 So. 3d 935 (Fla. 2019)

. . . See §§ 921.002-.0026, Fla. Stat. (2018). . . . issue should not be viewed as a determination on the merits of Shine's arguments on this issue. §§ 921.002 . . .

DAVIS, v. STATE, 268 So. 3d 958 (Fla. App. Ct. 2019)

. . . . § 921.002(1)(c), Fla. Stat. . . . rehabilitation "is a desired goal of the criminal justice system" (albeit subordinate to punishment), § 921.002 . . . State , 148 So.3d 1251, 1258 (Fla. 2014) ; see also § 921.002(1)(g), Fla. Stat. . . . See § 921.002(1)(g), Fla. . . . rehabilitation or recidivism, the deterrent effect of punishment, and danger to others upon release. § 921.002 . . . See §§ 921.002(1)(d), 921.231(1)(m), Fla. Stat. . . . Davis had an extensive criminal history, which is a statutory factor in sentencing, see § 921.002(1)( . . . See § 921.002, Fla. Stat. (2019) ("The primary purpose of sentencing is to punish the offender. . . . Id. § 921.002(1) ("The provision of criminal penalties and of limitations upon the application of such . . .

HIRALDO, DOC v. STATE, 268 So. 3d 955 (Fla. App. Ct. 2019)

. . . See §§ 921.002-.244. . . .

CHAMPAGNE a k a DOC v. STATE, 269 So. 3d 629 (Fla. App. Ct. 2019)

. . . ." § 921.002(1)(b). . . . ." § 921.002(1)(c), (d). . . . State, 838 So.2d 554 (Fla. 2003) In Butler, the supreme court determined that sections 921.002(1)(g) . . . Stat. (2005) ("A sentence imposed under this section is not subject to s. 921.002."); see also Fla. . . . (citing § 921.002, Fla. Stat. (2004) ) ). . . .

STATE v. HERRERA- FERNANDEZ,, 271 So. 3d 1124 (Fla. App. Ct. 2019)

. . . involve the trial court's authority to unilaterally impose a downward departure sentence under sections 921.002 . . .

TURNER, v. STATE, 261 So. 3d 729 (Fla. App. Ct. 2018)

. . . ." § 921.002(1); see also Woods v. . . .

WILLIAMS, DOC v. STATE, 257 So. 3d 547 (Fla. App. Ct. 2018)

. . . See generally §§ 921.002(1)(f), (1)(g), .0024(2), (3), Fla. Stat. (2015); Fla. R. Crim. . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . purpose of the 1998 Criminal Punishment Code , and the principles it embodies , are set out in subsection 921.002 . . .

TAYLOR, Jr. v. STATE, 253 So. 3d 631 (Fla. App. Ct. 2018)

. . . ." § 921.002(1)(g), Fla. Stat. (2014). . . .

STATE v. ROGERS,, 250 So. 3d 821 (Fla. App. Ct. 2018)

. . . . § 921.002(1)(b), Fla. . . . See § 921.002(1)(b), Fla. Stat. (2011) ; State v. . . . (citing § 921.002(1)(b), (d) ) ); Chestnut, 718 So.2d at 314 ("It is obvious that prison will always . . .

T. BAKER, v. STATE, 250 So. 3d 122 (Fla. App. Ct. 2018)

. . . See § 921.002(1)(d), Fla. . . .

STATE v. LACKEY,, 248 So. 3d 1222 (Fla. App. Ct. 2018)

. . . The circuit court provided no written findings as required under section 921.002(1)(f), Florida Statutes . . .

STATE v. SCHULTZ,, 238 So. 3d 288 (Fla. App. Ct. 2018)

. . . trial court failed to articulate in writing the basis for the downward departures pursuant to section 921.002 . . . Id. at 1289-90 (citing § 921.002(1)(f), Fla. Stat. (2013) ; § 921.002(3), Fla. . . . trial court failed to articulate in writing the basis for the downward departures pursuant to section 921.002 . . .

L. VENNISEE, v. STATE, 235 So. 3d 947 (Fla. Dist. Ct. App. 2017)

. . . See § 921.002(l)(c), Fla. Stat. (2003). . . .

BYNES, v. STATE, 212 So. 3d 1134 (Fla. Dist. Ct. App. 2017)

. . . .” § 921.002(3), Fla. Stat. (2013). . . .

STATE v. SAWYER,, 205 So. 3d 866 (Fla. Dist. Ct. App. 2016)

. . . See § 921.002(3), Fla. . . .

CHARLES, v. STATE, 204 So.3d 63 (Fla. Dist. Ct. App. 2016)

. . . .” § 921.002(1), Fla. Stat. (2011). . . . trial court judge may impose a sentence up to and including the statutory maximum for any offense.” § 921.002 . . . Code specifically provides that the “primary purpose” of sentencing is “to punish the offender.” § 921.002 . . . However, this factor is not one of the enumerated factors in section 921.002(1), Florida Statutes (2014 . . . Under the CPC, the “primary purpose of sentencing is to punish the offender.” § 921.002(l)(b). . . . legislative directive “to maximize the finite capacities of state and local correctional facilities.” § 921.002 . . . .” § 921.002(l)(b), Fla. Stat. (2011). . . . Rehabilitation of the offender is another stated goal which is "subordinate to the goal of punishment.” § 921.002 . . .

BOWEN, v. STATE, 196 So. 3d 567 (Fla. Dist. Ct. App. 2016)

. . . See § 921.002(l)(e), Fla. . . .

PATTERSON, v. STATE, 197 So. 3d 1220 (Fla. Dist. Ct. App. 2016)

. . . State, 177 So.3d 95, 96 (Fla. 2d DCA 2015) (quoting § 921.002, Fla. Stat. (1998)). . . .

B. BAILEY, Jr. v. STATE, 199 So. 3d 304 (Fla. Dist. Ct. App. 2016)

. . . legislature, which has instructed that “[t]he primary purpose of sentencing is to punish the offender,” § 921.002 . . . Stat. (2010), and that under our system, “the punishment must fit the crime.” § 921.002(l)(c), Fla. . . .

W. PETERSON, v. STATE, 193 So. 3d 1034 (Fla. Dist. Ct. App. 2016)

. . . If it is, and, pursuant to section 921.002(l)(e), Florida Statutes (2002), Peterson serves only eighty-five . . .

ALFONSO- ROCHE, v. STATE, 199 So. 3d 941 (Fla. Dist. Ct. App. 2016)

. . . .; §§ 921.002-.0027, Fla. Stat. (2014). . . . .” § 921.002(1), Fla. .Stat. (1998). . . . prior records, in order to maximize the finite capacities of state and local correctional facilities. § 921.002 . . . The cost-benefit considerations contained in subsection 921.002(l)(i) later came into play during the . . . It also fails to “maximize the finite capacities of state and local correctional facilities.” § 921.002 . . . the sentences are grossly disproportionate and violate several of the principles embodied by section 921.002 . . .

COLON, v. STATE, 199 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . .” § 921.002(l)(g), Fla. Stat. (1999) (emphasis added). . . . See § 921.002(l)(b), Fla. Stat. (1999). . . .

NORVIL, Jr. v. STATE, 191 So. 3d 406 (Fla. 2016)

. . . . § 921.002(1), Fla. Stat. (2010). . . . The severity of the sentence increases with the length and nature of the offender’s prior record. . § 921.002 . . .

STATE v. BROWNE,, 187 So. 3d 377 (Fla. Dist. Ct. App. 2016)

. . . Corrections, the trial court imposed a downward departure sentence of 51 weeks in the county jail. ’ See § 921.002 . . .

BRANTON, v. STATE, 187 So. 3d 382 (Fla. Dist. Ct. App. 2016)

. . . State, 964 So.2d 881, 884 (Fla. 3d DCA 2007) (citing § 921.002(l)(g), Fla. Stat. (2006)). . . .

MACINTOSH, v. STATE, 182 So. 3d 888 (Fla. Dist. Ct. App. 2016)

. . . Code, section 921.002, Florida Statutes (2014), Macintosh correctly argues that the trial' court violated . . .

BLAIR, v. STATE, 181 So. 3d 1250 (Fla. Dist. Ct. App. 2015)

. . . See § 921.002, Fla. Stat. (2013). In 1998, Mr. . . . See § 921.002, Fla. Stat. (2013); Fla. R.Crim. . . .

STATE v. WHEELER,, 180 So. 3d 1117 (Fla. Dist. Ct. App. 2015)

. . . .” § 921.002(l)(b), Fla. Stat. (2015). . . . See id, § 921.002(l)(f) & (3). . . .

MILLER, v. STATE, 177 So. 3d 95 (Fla. Dist. Ct. App. 2015)

. . . See § 921.002, Fla. Stat. (2014). . . . applies only to “felony offenses, except capital felonies, committed on or after October 1, 1998.” § 921.002 . . .

M. RANKIN, v. STATE, 174 So. 3d 1092 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2013) (“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment . . .

STATE v. LINDSAY,, 163 So. 3d 721 (Fla. Dist. Ct. App. 2015)

. . . .” § 921.002(1)(b), Fla. Stat. (2013). In Jackson v. . . .

HOBGOOD, v. STATE, 166 So. 3d 840 (Fla. Dist. Ct. App. 2015)

. . . .; see also § 921.002(l)(f), Fla. . . . See § 921.002(l)(h), Fla. . . .

STATE v. MURRAY,, 161 So. 3d 1287 (Fla. Dist. Ct. App. 2015)

. . . .” § 921.002(1)(f), Fla. Stat. (2013); see also § 921.002(3), Fla. . . .

IMBERT, v. STATE, 154 So. 3d 1174 (Fla. Dist. Ct. App. 2015)

. . . broad discretion to impose a sentence within the statutory range set forth by the legislature, see § 921.002 . . .

STATE v. HUDSON,, 153 So. 3d 375 (Fla. Dist. Ct. App. 2014)

. . . See § 921.002(l)(f) (requiring that “[d]epar-tures below the lowest permissible sentence established . . .

STATE v. MONTGOMERY,, 155 So. 3d 1182 (Fla. Dist. Ct. App. 2014)

. . . . § 921.002(l)(b), Fla. Stat. (2011). . . .

STATE v. ROBINSON,, 149 So. 3d 1199 (Fla. Dist. Ct. App. 2014)

. . . .” § 921.002(3), Fla. Stat. (2011). . . . See § 921.002, Fla. Stat. (2011). . . .

LANE, v. STATE, 151 So. 3d 20 (Fla. Dist. Ct. App. 2014)

. . . See § 921.002(1)(e), Fla. . . .

L. BRYANT, v. STATE, 148 So. 3d 1251 (Fla. 2014)

. . . .” § 921.002(l)(b), Fla. Stat. (Supp.1998). . . . .” § 921.002(l)(c), Fla. Stat. (Supp.1998). . . . .” § 921.002(l)(d), Fla. Stat. (Supp. 1998). Hall, 823 So.2d at 759. . . .

TYNER, v. STATE, 148 So. 3d 519 (Fla. Dist. Ct. App. 2014)

. . . See § 921.002, Fla. Stat. (2013). . . .

DENNARD, v. STATE, 157 So. 3d 1055 (Fla. Dist. Ct. App. 2014)

. . . .” § 921.002(l)(g), Fla. Stat. (1999) (emphasis added). . . . See § 921.002(l)(b), Fla. Stat. (1999). . . .

STATE v. DAVIS,, 141 So. 3d 1230 (Fla. Dist. Ct. App. 2014)

. . . .” § 921.002(3), Fla. Stat. (2012). . . .

STATE v. CHUBBUCK,, 141 So. 3d 1163 (Fla. 2014)

. . . . §§ 921.0026(1), 921.002(l)(f), Fla. Stat. (2009). . . .

THOMAS, v. STATE, 135 So. 3d 590 (Fla. Dist. Ct. App. 2014)

. . . Stat. (1997) (abolishing parole for capital felonies); § 921.002(l)(a)(5), Fla. . . .

STATE v. DAVIS,, 133 So. 3d 1101 (Fla. Dist. Ct. App. 2014)

. . . Section 921.002(l)(f), Florida Statutes (2009) provides: Departures below the lowest permissible sentence . . .

BAUTISTA, v. STATE, 128 So. 3d 117 (Fla. Dist. Ct. App. 2013)

. . . . § 921.002, Fla. Stat. (2004). . . .

TREACY, v. AI LAMBERTI,, 141 So. 3d 174 (Fla. 2013)

. . . See § 921.002(1)(e), Fla. . . .

STATE v. BOWMAN,, 123 So. 3d 107 (Fla. Dist. Ct. App. 2013)

. . . .” § 921.002(3), Fla. Stat. . . . of predominantly substantive law and, as such, is a matter properly addressed by the Legislature.” § 921.002 . . . policies for sentencing, including departure sentences, in Florida’s Criminal Punishment Code, sections 921.002 . . .

STARKS, v. STATE, 128 So. 3d 91 (Fla. Dist. Ct. App. 2013)

. . . . § 921.002(l)(e), Fla. Stat. (2000). . . . .

McDONALD, v. U. S. ATTORNEY GENERAL,, 533 F. App'x 938 (11th Cir. 2013)

. . . . § 921.002; Fla. R.Crim. P. 3.704(d)(1), 3.704(d)(4), 3.992. . . .

MOORE, v. M. D. BITER,, 725 F.3d 1184 (9th Cir. 2013)

. . . . § 921.002(l)(e) (2003)). . . .

STATE v. THOMPKINS,, 113 So. 3d 95 (Fla. Dist. Ct. App. 2013)

. . . . §§ 921.002(1)(0, (3), Fla. Stat. (2011); Banks; State v. . . . The stated policy of the Criminal Punishment Code is to punish miscreants for their crimes. § 921.002 . . . See § 921.002(l)(b), Fla. Stat. (2011); State v. . . . (citing § 921.002(l)(b), (d))); Chestnut, 718 So.2d at 314 (“It is obvious that prison will always be . . . ORFINGER, C.J. and COHEN, J., concur. . §§ 921.002-.0027, Fla. . . .

PORTER, Jr. v. STATE, 110 So. 3d 962 (Fla. Dist. Ct. App. 2013)

. . . . § 921.002(g), Fla. Stat. (2010). . . .

STATE v. MARTINEZ,, 103 So. 3d 1013 (Fla. Dist. Ct. App. 2012)

. . . That error was committed below is conclusively established, without more, by section 921.002, Florida . . . The Criminal Punishment Code, ss. 921.002 through 921.0027, F.S., is applicable to all felony offenses . . .

WASHINGTON, v. STATE, 103 So. 3d 917 (Fla. Dist. Ct. App. 2012)

. . . Stat. (1997) (abolishing parole for capital felonies); § 921.002(l)(a)(5), Fla. . . . Moreover, if we were to reinstate parole, we would also have to strike as unconstitutional section 921.002 . . . However, section 921.002 is not unconstitutional under Miller. . . .

WALLE, v. STATE, 99 So. 3d 967 (Fla. Dist. Ct. App. 2012)

. . . See § 921.002(l)(e), Fla. . . .

A. GAUTREAUX, v. STATE, 95 So. 3d 1012 (Fla. Dist. Ct. App. 2012)

. . . See § 921.002, Fla. Stat. (2001); Bradley, 998 So.2d at 1214. . . . . 1 (Fla. 2d DCA 2003), 1995 guidelines scoresheets should have been used for these offenses, see § 921.002 . . .

ROCHESTER, v. STATE, 95 So. 3d 407 (Fla. Dist. Ct. App. 2012)

. . . See §§ 921.002-.0024, Fla. Stat. . . .

J. CHAMBLEE, v. STATE, 93 So. 3d 1184 (Fla. Dist. Ct. App. 2012)

. . . . § 921.002, Fla. Stat. (2003). . . .

FLOYD, v. STATE, 87 So. 3d 45 (Fla. Dist. Ct. App. 2012)

. . . See § 921.002(l)(e), Fla. . . .

HENRY, v. STATE, 82 So. 3d 1084 (Fla. Dist. Ct. App. 2012)

. . . . § 921.002(l)(e) (2003), a life sentence gives a defendant no possibility of release unless he is granted . . . Section 921.002(l)(e), Florida Statutes, provides: The sentence imposed by the sentencing judge reflects . . .

T. ARRINGTON, v. STATE, 113 So. 3d 20 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2006); § 921.002(l)(e), Fla. Stat. (2003) (abolishing parole in Florida). . . .

GUZMAN, v. STATE, 68 So. 3d 295 (Fla. Dist. Ct. App. 2011)

. . . See § 921.002, Fla. . . .

McCULLUM, v. STATE, 60 So. 3d 502 (Fla. Dist. Ct. App. 2011)

. . . Since Florida has abolished its parole system, see § 921.002(l)(e) Fla. . . .

JACKSON, v. STATE, 64 So. 3d 90 (Fla. 2011)

. . . See § 921.002, Fla. Stat. (2008). Florida Rule of Criminal Procedure 3.704 implements the CPC. . . . See § 921.002(1). . . . that support a departure from the lowest permissible sentence is a preponderance of the evidence. § 921.002 . . .

STATE v. HALL,, 47 So. 3d 361 (Fla. Dist. Ct. App. 2010)

. . . . § 921.002(3). . . . defendant’s sentence should increase with the length and nature of the defendant’s prior record. § 921.002 . . .

LAVRRICK, v. STATE, 45 So. 3d 893 (Fla. Dist. Ct. App. 2010)

. . . . § 921.002(l)(e) (2003), a life sentence gives a defendant no possibility of release unless he is granted . . .

STATE v. McKNIGHT,, 35 So. 3d 995 (Fla. Dist. Ct. App. 2010)

. . . See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. . . .

GRAHAM v. FLORIDA, 560 U.S. 48 (1st Cir. 2010)

. . . . § 921.002(l)(e) (2003), a life sentence gives a defendant no possibility of release unless he is granted . . . Stat. §§810.02, 921.002(l)(e), 985.557 (2007) Georgia Georgia Code Ann. §15-11-30.2 (2008); §16-6-l(b . . .

TERRANCE JAMAR GRAHAM, v. FLORIDA, 176 L. Ed. 2d 825 (U.S. 2010)

. . . . § 921.002(1)(e) (2003), a life sentence gives a defendant no possibility of release unless he is granted . . . Stat. §§ 810.02, 921.002(1)(e), 985.557 (2007) Georgia Georgia Code Ann. § 15-11-30.2 (2008); § 16-6- . . .

PENNINGTON, v. STATE, 34 So. 3d 151 (Fla. Dist. Ct. App. 2010)

. . . See §§ 921.002(1 )(g), 810.02(3)(c), 775.082(3)(c), Fla. Stat. (2004). . . .

HOLT, v. STATE, 33 So. 3d 811 (Fla. Dist. Ct. App. 2010)

. . . State, 966 So.2d 441, 444 (Fla. 2d DCA 2007); see also § 921.002(l)(f), (g), Fla. Stat. (2008). . . .

HORNE, a k a V. a k a v. STATE, 35 So. 3d 40 (Fla. Dist. Ct. App. 2010)

. . . .” § 921.002, Fla. Stat. (2003). . . . .

WHITMORE, v. STATE, 27 So. 3d 168 (Fla. Dist. Ct. App. 2010)

. . . .] § 921.002 Fla. Stat. (2003). . . .

STATE v. FORD,, 27 So. 3d 725 (Fla. Dist. Ct. App. 2010)

. . . Section 921.002(l)(b), Fla. Stat. (2009). . . . See § 921.002(3), Fla. . . .

SMITH, v. STATE, 28 So. 3d 838 (Fla. 2009)

. . . See generally § 921.002(1), Fla. . . .

STATE v. WEAVER, a k a L., 23 So. 3d 829 (Fla. Dist. Ct. App. 2009)

. . . See § 921.002(3) Fla. Stat. (2007). . . .

SHORES, v. STATE, 15 So. 3d 697 (Fla. Dist. Ct. App. 2009)

. . . See § 921.002(l)(g), Fla. Stat. (effective Oct. 1, 1998); Ch. 98-204, § 2, at 1935, Laws of Fla. . . .

A. BRACERO, v. STATE, 14 So. 3d 1058 (Fla. Dist. Ct. App. 2009)

. . . See § 921.002, Fla. . . . The court stated that section 921.002(l)(g) allows “the Court to impose a sentence up to and including . . .

BRADLEY, v. STATE, 998 So. 2d 1213 (Fla. Dist. Ct. App. 2009)

. . . . § 921.002, Fla. Stat. . . . Section 921.002(2), Florida Statutes, provides: When a defendant is before the court for sentencing for . . .

STANCLIFF, v. STATE, 996 So. 2d 259 (Fla. Dist. Ct. App. 2008)

. . . Section 921.002(l)(h), Florida Statutes (2005), provides that “[a] sentence may be appealed on the basis . . .

UNITED STATES v. FLOYD,, 316 F. App'x 881 (11th Cir. 2008)

. . . . § 921.002(3)(c), the attempted tampering with physical evidence charge was a third-degree felony for . . .

STATE v. VOIGHT,, 993 So. 2d 1174 (Fla. Dist. Ct. App. 2008)

. . . See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. . . .

M. BROWN, v. STATE, 994 So. 2d 480 (Fla. Dist. Ct. App. 2008)

. . . State, 964 So.2d 881, 884 (Fla. 3d DCA 2007) (citing § 921.002(l)(g), Fla. Stat. (2006)). . . .

STATE v. COLLINS,, 985 So. 2d 985 (Fla. 2008)

. . . Stat. (2001) (“A sentence imposed under this section is not subject to s. 921.002.”). . . .

LANE, v. STATE, 981 So. 2d 596 (Fla. Dist. Ct. App. 2008)

. . . See § 921.002(l)(g), Fla. . . .

STATE v. LANGDON,, 978 So. 2d 263 (Fla. Dist. Ct. App. 2008)

. . . Notwithstanding any provision of former s. 921.001 or s. 921.002 to the contrary, on or after October . . . Notwithstanding any provision of former s. 921.001 or s. 921.002 to the contrary, on or after October . . .

STATE v. STEPHENSON,, 973 So. 2d 1259 (Fla. Dist. Ct. App. 2008)

. . . See e.g., § 921.002(l)(f) & (3), Fla. Stat. (1999); State v. . . .

MALONE, v. STATE, 973 So. 2d 1220 (Fla. Dist. Ct. App. 2008)

. . . The state argues that appellant’s sentence cannot be appealed under section 921.002(l)(h), Florida Statutes . . .

ABRAMS, v. STATE, 971 So. 2d 1033 (Fla. Dist. Ct. App. 2008)

. . . (sentencing guidelines); § 921.002, et seq., Fla. Stat. (criminal punishment code). . . .

STATE v. GREEN,, 971 So. 2d 146 (Fla. Dist. Ct. App. 2007)

. . . Section 921.002(l)(f), Florida Statutes (2004), provides: The Criminal Punishment Code embodies the principles . . .

MORA, v. STATE, 964 So. 2d 881 (Fla. Dist. Ct. App. 2007)

. . . . § 921.002(l)(g), Fla. Stat. (2006). . . .

STATE v. AHUA,, 947 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . See § 921.002(l)(f), Fla. Stat. (2004); State v. Rinkins, 646 So.2d 727 (Fla.1994); State v. . . .

STATE v. SUBIDO,, 925 So. 2d 1052 (Fla. Dist. Ct. App. 2006)

. . . . § 921.002(1), Fla. Stat. (2003); State v. Ayers, 901 So.2d 942, 946 (Fla. 2d DCA 2005). . . . circumstances reasonably justify the departure, which must be articulated in writing. § 921.0026(1); 921.002 . . .

TUBWELL, v. STATE, 922 So. 2d 378 (Fla. Dist. Ct. App. 2006)

. . . . § 921.002(1)(g), Fla. Stat. (2003). . . .

STATE v. FERNANDEZ,, 927 So. 2d 939 (Fla. Dist. Ct. App. 2006)

. . . If a legal reason is received by a court, we are compelled by section 921.002(3) of the Criminal Punishment . . . Code in effect at the time of the crime, § 921.002(3), Fla. . . . Section 921.002(3) states: A court may impose a departure below the lowest permissible sentence based . . . imposed below the lowest permissible sentence must be explained in writing by the trial court judge. § 921.002 . . . See § 921.002, Fla. Stat. . . .

COGGINS, v. STATE, 921 So. 2d 758 (Fla. Dist. Ct. App. 2006)

. . . . § 921.002, Fla. Stat. (1999). . . .

STATE v. BROWNELL,, 922 So. 2d 244 (Fla. Dist. Ct. App. 2006)

. . . . § 921.002(3), Fla. Stat. (2005); State v. . . .

LOGAN, v. STATE, 921 So. 2d 556 (Fla. 2005)

. . . election: section 921.001(4)(b)(l), Florida Statutes (2001), also known as the 1983 guidelines, or section 921.002 . . . Consistent with our holding in Smith and a fair reading of both sections 921.001(4)(b)(1) and 921.002 . . . Moreover, the express language of the CPC, section 921.002, confirms this. . . . .” § 921.002, Fla. Stat. (2001) (emphasis added). . . .