Florida/Georgia Personal Injury & Workers Compensation

291(3) (emphasis added); see Fla. Stat. § 921.0021(2) (“ ‘Conviction’ means a determination of guilt

(1997)); see also § 921.0027, Fla. Stat. (1999). Section 921.0021, Florida Statutes (2000) provides for the

the statutory definition of “conviction” in section 921.0021, Florida Statutes (2002), includes those felonies

definition of "additional offense" set out in section 921.0021, Florida Statutes (1999). Accordingly, we

sentence. See § 921.0014, Fla. Stat. (2002). Section 921.0021 defines a conviction as "a determination of

...est enumerated felony [2] charged and proven which was committed after its effective date, June 19, 1978, Ch. 78-318, Laws of Florida. Beyond this, however, the granting of parole is within the sole discretion of the Probation and Parole Commission. § 921.21, Fla....

arguably included the "direct result" language of section 921.0021, Florida Statutes (2001). The trial court

an identical manner. Compare § 921.0011 with § 921.0021. Moreover, the same offense severity ranking

See § 921.0011, Fla. Stat. (1997). [12] See § 921.0021, Fla. Stat. (1997). [13] See, e.g., Bretti v

on his touching of the victim's buttocks. Section 921.0021(7)(b), Florida Statutes (1997), provides for

acquitted him of all murder charges. We agree. Section 921.0021(7)(a), Fla. Stat. (2006) defines victim injury

the statutory definition of "conviction." Section 921.0021, Florida Statutes (2008), defines "conviction"

POLSTON, J., dissenting with an opinion. . Section 921.0021(7)(b)(2), Florida Statutes (2004), provides

” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally, the terms

principal, victim injury points were also scored. See § 921.0021(7)(a), Fla. Stat.(2000); Fla. R.Crim. P. 3.703(d)(9);

information. 1. The Basis for Victim Injury Points Section 921.0021(7), Florida Statutes (2003), provides the

conviction for purposes of preparing a scoresheet. Section 921.0021(2), Florida Statutes (1999) defines conviction

definition of "additional offense" provided by section 921.0021(1), Florida Statutes, and Florida Rule of

discretion, and that no abuse has been shown. Section 921.0021(7)(a) defines victim injury as: The physical

704(d)(6) is the same as that set forth in section 921.0021(2), Florida Statutes (1999). The rule and

during subsequent sentencing proceedings. Section 921.0021(2), Florida Statutes, defines a "conviction"

which the offender has not been convicted." Section 921.0021(7)(a), Florida Statutes (1999), defines victim

See § 921.0021, Fla. Stat. (2005); rule 3.704, Fla. R.Crim. P. Florida Statutes section 921.0021 provides

years prior to the primary offense. See § 921.0021(5), Fla. Stat. (2016). Such convictions

So.2d 1282 (Fla.2005) (holding that under section 921.0021(5), Florida Statutes (2002), "no contest plea

the Criminal Punishment Code. Specifically, section 921.0021(5) provides a definition for “prior record”

victim’s injury is severe, moderate, or slight. See § 921.0021(7)(a), Fla. Stat. (“‘Victim Injury’ means the

and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c)

they qualified as "additional offenses" under section 921.0021(1), Florida Statutes (2001). Nevertheless

prior offense. See Fla. R. Crim P. 3.704(d)(14); § 921.0021(5), Fla. Stat. (2001); see also Sumpter v. State

. prior to the time of the primary offense." § 921.0021(5), Fla. Stat. (2003). Halfacre is correct that

Vonador’s motion, citing the provision of section 921.0021(5), Florida Statutes (2001-2003), which states

scoresheet included two offenses in violation of section 921.0021(5), Florida Statutes (2008). That statute

third-degree felonies as additional offenses. See § 921.0021(1), Fla. Stat. (1999) (defining an additional

system, there can be only one primary offense. § 921.0021(4), Fla. Stat. (1999) (“Only one count of one

limit allowed for scoring such offenses. See § 921.0021(5), Fla. Stat. (2000). The State argued, however

the adult-on-minor sex offense multiplier in § 921.0021(1)(b), Fla. Stat., instruct as folloivs. Alleyne

and pending before the court at sentencing.” § 921.0021(4), Fla. Stat. An additional offense is “any

withheld." Montgomery, 821 So.2d at 465 (citing section 921.0021(2), Florida Statutes (1999)). Likewise, the

acknowledge that the introductory language in section 921.0021 tends to support Fudge’s argument that additional

on the criminal punishment code scoresheet. Section 921.0021(7)(a), Florida Statutes (1999), defines victim

Laws of Florida, the Legislature amended section 921.0021(5), Florida Statutes (2000), to allow scoring

points in sentencing Shorter for child abuse. See § 921.0021(7)(a), Fla. Stat. (2002) ("`Victim injury' means

were incorrectly included as prior record. Section 921.0021(5), Florida Statutes, (2004) provides, in

discretion of the Parole and Probation Commission. § 921.21, Fla.Stat. (1979). Accordingly, the judgment and

offense included sexual contact. This was error. Section 921.0021(7), Florida Statutes, provides: (7)(a) “Victim

section 943.0435 is essentially the same as the section 921.0021 definition of conviction, Montgomery supports

victim injury points are inappropriate because section 921.0021(7)(a) prohibits such points from being assessed

existing case precedent. Florida Statutes section 921.0021(7) (2002) permits assessing sentence points

*61 § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you

prior to the time of the primary offense." § 921.0021(5), Fla. Stat. (2022).

2 See id.; see also § 921.0021(5), Fla. Stat. (2020) (stating the definition

” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally,

correct sentence, stating, “the language of [section 921.0021(7)(a), Florida Statutes] imparts no such requirement;

the Criminal Punishment Code. Specifically, section 921.0021(5) provides a definition for “prior record”

pending before the court for sentencing.” Accord § 921.0021(7)(a), Fla. Stat. (2018). These victim injury

raises two facial constitutional challenges to section 921.0021(7)(e), Florida Statutes (2022). He also challenges

agree the scoresheet was scored improperly. See § 921.0021(1), Fla. Stat. (2011) (defining “[a]dditional

and not after the primary offense. Id. (quoting § 921.0021(5), Fla. Stat. (2010)). Indeed, the Florida

the Gabriel opinion guide the analysis. Section 921.0021, Florida Statutes (2015), of the Florida Criminal

there is evidence of any physical injury. § 921.0021(7)(a)-(b), Fla. Stat. (2014). Under section 921

Criminal Punishment Code scoresheet, pursuant to section 921.0021(5), Florida Statutes, because the prior convictions

argument. We agree and will address briefly. Section 921.0021(5), Florida Statutes (2012), defines a “prior

“additional offenses” within the meaning of section 921.0021(1), Florida Statutes, because the court no

guideline range of his original scoresheet. See § 921.0021(5), Fla. Stat. (1999). The sentence is reversed

points. o Victim Injury Points Section 921.0021(7)(a), Fla. Stat. (2018) defines “victim injury”

Code, to comport with a recent amendment to section 921.0021(5), Florida Statutes (2000), which redefines

“prior record.” We agree that this was error. Section 921.0021(5), Florida Statutes (2018), defines “prior

to the primary offense.” Id. at 409 (quoting § 921.0021(5), Fla. Stat. (2010)). The supreme court then

897 So.2d 1282 (Fla.2005) (recognizing that § 921.0021(2) (2002) defines conviction to include withhold

897 So.2d 1282 (Fla. 2005) (recognizing that § 921.0021(2) (2002) defines conviction to include withhold

firearm or semiautomatic weapon.” 4. Section 921.0021(4), Florida Statutes (2012), defines “primary

and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a

juvenile, prior to the time of the primary offense.” § 921.0021(5), Fla. Stat. (2013). Similarly, the Florida

there will be a judgment of conviction. See § 921.0021(2), Fla. Stat. (defining “conviction” to mean

convicted of at the time of sentencing in this case. § 921.0021(1), Fla. Stat. (2009); Fla. R. Crim. P. 3.704(d)