The 2023 Florida Statutes
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On the merits, the record does not conclusively refute Hartshorn's allegation that the State incorrectly scored his two prior convictions for felony battery in case number 2016-CF-9905. The attachments to Hartshorn's motion reflected that those convictions were for violations of section 784.03(2), Florida Statutes (2016), described as "prior convic [sic] battery commit 2nd [sic] sub battery." The offense severity chart set forth in section 921.0022(3), Florida Statutes (2016) does not assign a severity level to battery offenses charged under section 784.03(2) , as Hartshorn's prior charges were. Therefore, Hartshorn's priors fall under the criminal punishment code's catch-all provision for third-degree felonies for which the legislature has not specified a severity level, i.e., level 1. See § 921.0023( 1), Fla. Stat. (2016). As such, they properly are assigned only .5 points each under Florida Rule of Criminal Procedure 3.992(a), rather than the nine points attributed to them on the scoresheet the postconviction court used. See In re Amendments to Florida Rule of Criminal Procedure 3.992-Criminal Punishment Code Scoresheets, 147 So.3d 515, 516 (Fla. 2014). Obviously… The criminal attempt statute does not cross-reference any other criminal offense provision or state that it serves to modify any such provision. The highlighted language instead points to a criminal attempt being an offense separate from the offense attempted. The language distinguishes between "an offense prohibited by law" and "the offense of criminal attempt." Later paragraphs in the statute repeatedly reference "criminal attempt" as a free-standing offense. For example, subsection (4) states the phrase "the offense of criminal attempt" six times. See, e.g., § 777.04(4)(a), Fla. Stat. (providing that "the offense of criminal attempt ... is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to" (emphasis supplied)); id. (4)(b) ("[I]f the offense attempted ... is a capital felony ... the offense of criminal attempt ... is a felony of the first degree." (emphasis supplied)); id. (4)(c), (d), (e) (continuing to distinguish between the "offense attempted" and the "offense of criminal attempt" and… The elements of an out-of-state conviction must be sufficient to constitute a felony under Florida law. See Hankins v. State, 42 So. 3d 871, 873 (Fla. 2d DCA 2010). In Florida, tampering with an electronic monitoring device is a third-degree felony with an offense level of 1. See §§ 921.0023(1), 948.11(7), Fla. Stat. (2011). However, an attempted third-degree felony with an offense level of 1 is a first-degree misdemeanor punishable by no more than one year in prison. See §§ 775.082(4)(a), 777.04(4)(d)–(e), Fla. Stat. (2011).In addition, a violation of section 827.071(5), Florida Statutes, generally constitutes a level 5 offense. § 921.0022(3)(e), Fla. Stat. However, pursuant to section 775.0847, Florida Statutes, these offenses were scored "one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed." Thus, all 10 of the Defendant's crimes were properly scored as level 6 offenses.Kidnapping is a first degree felony, punishable up to life and is ranked as a level nine offense. §§ 787.01(2); 921.0022(3)(i), Fla. Stat. (2018). Section 775.087(1), Fla. Stat. (2018), provides for reclassification of felonies when a weapon or firearm is involved. The statute provides that: "[f]or purposes of sentencing under chapter 921 ..., a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed." § 775.087(1).(2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows:Both § 817.568(6), Fla. Stat., and § 817.568(11), Fla. Stat., criminalize Fraudulent Use of Personal Identification Information of a Person 60 Years of Age or Older. While both are second degree felonies, § 817.568(6), Fla. Stat., is listed in level 8 and § 817.568(11), Fla. Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial judge should instruct using the appropriate parts of Instruction 20.15.(2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows:The State also conceded error with regard to Trusty's claim that the criminal punishment scoresheet incorrectly classified his tampering with a witness conviction as a level nine offense, arguing that it should have been classified as a level four offense. This concession was incorrect because witness tampering is a level four offense only when the relevant investigation or proceeding is a third-degree felony. See § 914.22, Fla. Stat. (2014) (classifying witness tampering offenses based on the affected investigation or proceeding); § 21.0022, Fla. Stat. (2014) (providing that the statutory references and offense degree designations in the offense severity ranking chart are controlling, and ranking the third-degree felony of tampering with a witness as a level four offense). Here, because Trusty's tampering conviction relates to a proceeding or investigation for a higher degree offense—second-degree murder—it is classified in accordance with section 921.0023, Florida Statutes. See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014).Both § 817.568(6), Fla. Stat., and § 817.568(11), Fla. Stat., criminalize Fraudulent Use of Personal Identification Information of a Person 60 Years of Age or Older. While both are second degree felonies, § 817.568(6), Fla. Stat., is listed in level 8 and § 817.568(11), Fla. Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. If the State alleges that the defendant violated § 817.568(11), Fla. Stat., and that the victim was 60 years of age or older, the trial judge should instruct using the appropriate parts of Instruction 20.15.. . . which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 . . .
. . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .
. . . Stat., is unlisted, which would make it a level 4, according to § 921.0023, Fla. Stat. . . .
. . . investigation for a higher degree offense— second-degree murder—-it is classified in accordance with section 921.0023 . . . See §§ 914.22, 921.0022, 921.0023, Fla. Stat. (2014). . . .
. . . Stat., is unlisted, which would make it a level -4, according to § 921.0023, Fla. Stat. . . .
. . . [fjelony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023 . . .
. . . Stat., is unlisted, which .would make it a level 4, according to § 921.0023, Fla. Stat. . . .
. . . See § 921.0023, Fla. Stat. (2006). . . .
. . . which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 . . .
. . . . §§ 921.0023, 921.0024(2), Fla. Stat. (Supp.2000). . . .
. . . (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .
. . . See § 921.0023(2), Fla. Stat. (2000). . . .
. . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .
. . . subsection is ranked one level above the ranking under s. 921.0012, s. 921.0013, s. 921.0022 or s. 921.0023 . . .
. . . Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023 . . . An offense does not become unlisted and subject to the provisions of section 921.0023 because of a reclassification . . .