CopyCited 11 times | Published | Florida 1st District Court of Appeal
presentence investigation in accordance with F.S. 921.23 which statute came into being by virtue of Chapter
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 527530
...The court certainly had subject matter jurisdiction, the plea agreement was followed exactly, the plea was completely voluntary, and there was no sentencing error. The sentence did not exceed the maximum, and the court retains complete sentencing discretion up to the maximum sentence for the crime charged. See § 921.0023(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579
...ifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. *266 (2)Felony offenses not listed in section
921.0022 are assigned a severity level in accordance with section
921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1....
...(B) A felony of the second degree within offense level 4. (C) A felony of the first degree within offense level 7. (D) A felony of the first degree punishable by life within offense level 9. (E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony pursuant to section
775.0845, section
775.087, section
775.0875 or section
794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
CopyCited 1 times | Published | Supreme Court of Florida
...provisions of this rule or the 1998 Criminal Punishment Code.
(c) Offense Severity Ranking.
(1) [No Changes]
(2) Felony offenses not listed in section
921.0022 are assigned a
severity level in accordance with section
921.0023, Florida Statutes, as follows:
(A) Aa felony of the third degree within offense level 1.;
(B) Aa felony of the second degree within offense level 4.;
(C) A...
...(D) Aa felony of the first degree punishable by life within
offense level 9.; or
(E) Aa life felony within offense level 10.
An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony under section
775.0845, section
775.087, section
775.0875, or section
794.023, Florida Statutes,
or any other law that provides an enhanced penalty for a felony offense.
(d...
CopyCited 1 times | Published | Florida 4th District Court of Appeal
sentencing him, in violation of the command of Florida Statute 921.23 (1974). The pertinent portion of this statute
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 573799, 2017 Fla. App. LEXIS 1831
...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....
CopyPublished | Supreme Court of Florida
...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....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811
...specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. (2) Felony offenses not listed in section
921.0022 are assigned a severity level in accordance with
921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1....
...(B) A felony of the second degree within offense level 4. (C) A felony of the first degree within offense level 7. (D) A felony of the first degree punishable by life within offense level 9. (E)A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony pursuaet-tounder section
775.0845, section
775.087, section
775.0875 or section
794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense....
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...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....
CopyPublished | Supreme Court of Florida
...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....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1859593, 2012 Fla. App. LEXIS 8268
...Mays’ scoresheet reflects fourteen points for a prior offense of burglary of a dwelling. Within his sworn motion Mays alleges that the dwelling was unoccupied, and therefore it is a. level four offense permitting the scoring of only 2.4 points. See § 921.0023, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 724157
...The STATE of Florida, Appellee. No. 3D08-294. District Court of Appeal of Florida, Third District. March 19, 2008. John C. Carlson, in proper person. Bill McCollum, Attorney General, for appellee. Before COPE, WELLS, and ROTHENBERG, JJ. PER CURIAM. Affirmed. See § 921.0023(2), Fla....
CopyPublished | Supreme Court of Florida
...provisions of this rule or the 1998 Criminal Punishment Code.
(c) Offense Severity Ranking.
(1) [No Changes]
(2) Felony offenses not listed in section
921.0022 are assigned a
severity level in accordance with section
921.0023, Florida Statutes, as follows:
(A) Aa felony of the third degree within offense level 1.;
(B) Aa felony of the second degree within offense level 4.;
(C) A...
...(D) Aa felony of the first degree punishable by life within
offense level 9.; or
(E) Aa life felony within offense level 10.
An offense does not become unlisted and subject to the provisions of section
921.0023 because of a reclassification of the degree of felony under section
775.0845, section
775.087, section
775.0875, or section
794.023, Florida Statutes,
or any other law that provides an enhanced penalty for a felony offense.
(d...
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14067
therein cited) The learned trial judge held that F.S. 921.23, insofar as it is in conflict with Rule 3.710