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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00
Snippet: defined by the Criminal Punishment Code. See §§ 921.0021, 921.0024, Fla. Stat. (2017). Case law has provided
Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00
Snippet: there will be a judgment of conviction. See § 921.0021(2), Fla. Stat. (defining “conviction” to mean
Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-13T00:00:00-07:00
Snippet: We agree and will address briefly. Section 921.0021(5), Florida Statutes (2012), defines a “prior
Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-01T00:00:00-07:00
Snippet: clear definitions in sections 921.231(1)(c) and 921.0021(5), Florida Statutes (2010), which reference &…prior to the time of the primary offense." § 921.0021(5), Fla. Stat. (2022).
Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00
Snippet: Gabriel opinion guide the analysis. Section 921.0021, Florida Statutes (2015), of the Florida Criminal…shall be classified as the primary offense. § 921.0021(1), (4), Fla. Stat. (2015) (emphasis added). Because…and pending before the court at sentencing,” § 921.0021(4), Fla. Stat. (2015); (2) the Criminal Punishment
Court: Fla. | Date Filed: 2021-04-08T00:53:00-07:00
Snippet: firearm or semiautomatic weapon.” 4. Section 921.0021(4), Florida Statutes (2012), defines “primary …be classified as the primary offense.” Section 921.0021(1) defines “additional offense” as “any offense
Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-01T23:53:00-08:00
Snippet: record.” We agree that this was error. Section 921.0021(5), Florida Statutes (2018), defines “prior record
Court: Fla. Dist. Ct. App. | Date Filed: 2020-10-21T00:53:00-07:00
Snippet: 2 See id.; see also § 921.0021(5), Fla. Stat. (2020) (stating the definition … be classified as the “primary offense.” See § 921.0021(4), Fla. Stat. (2020). All others are listed as…sentencing at the time of the primary offense.” § 921.0021(1), Fla. Stat. (2020). In Sanders, the Florida…primary offense,” and “prior record” from section 921.0021. Id. at 868. Even though the sentencing proceeding…the VOP hearing, the Court stated that section 921.0021 did not “differentiate original sentencing proceedings
Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-08T00:53:00-07:00
Snippet: additional offenses” within the meaning of section 921.0021(1), Florida Statutes, because the court no longer
Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-20T00:53:00-07:00
Snippet: pending before the court for sentencing.” Accord § 921.0021(7)(a), Fla. Stat. (2018). These victim injury
Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-03T23:53:00-08:00
Snippet: agree the scoresheet was scored improperly. See § 921.0021(1), Fla. Stat. (2011) (defining “[a]dditional …definition of ‘additional offense’ set out in section 921.0021, Florida Statutes (1999).”); Somps v. State, 183
Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-02T00:53:00-07:00
Snippet: ” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally, the…subsequent arrest and its related charges. See §§ 921.0021(4)(5), Fla. Stats. (2010). With regard to …, prior to the time of the primary offense.” § 921.0021(5), Fla. Stat. (2016). … antecedent doctrine” to conclude that section 921.0021(5)’s antecedent phrase, “committed by the offender…prior to the time of the primary offense.” § 921.0021(5), Fla. Stat. The last antecedent doctrine
Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-01T00:53:00-07:00
Snippet: correct sentence, stating, “the language of [section 921.0021(7)(a), Florida Statutes] imparts no such requirement
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:53:00-07:00
Snippet: "). However, we note that "[s]ection 921.0021 does not differentiate original sentencing proceedings…pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "…prior to the time of the primary offense." § 921.0021(5). Additional offenses, those "for which…sentencing at the time of the primary offense," § 921.0021(1), are scored and included in the total sentence
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:00:00-07:00
Citation: 269 So. 3d 629
Snippet: pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "…prior to the time of the primary offense." § 921.0021(5). Additional offenses, those "for which…sentencing at the time of the primary offense," § 921.0021(1), are scored and included in the total sentence…"). However, we note that "[s]ection 921.0021 does not differentiate original sentencing proceedings
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:00:00-07:00
Citation: 269 So. 3d 629
Snippet: pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "…prior to the time of the primary offense." § 921.0021(5). Additional offenses, those "for which…sentencing at the time of the primary offense," § 921.0021(1), are scored and included in the total sentence…"). However, we note that "[s]ection 921.0021 does not differentiate original sentencing proceedings
Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00
Snippet: Id.; see Fla. R. Crim. P. 3.703(d)(9). Sections 921.0021(7) and 921.0024, Florida Statutes, provide for…s injury is severe, moderate, or slight. See § 921.0021(7)(a), Fla. Stat. (“‘Victim Injury’ means the
Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00
Snippet: . o Victim Injury Points Section 921.0021(7)(a), Fla. Stat. (2018) defines “victim injury
Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00
Citation: 262 So. 3d 59
Snippet: *61 § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you…the defendant caused victim injury or death. § 921.0021(7)(e), Fla. Stat. *87 If you…of violating § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you…of violating § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you
Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-19T00:00:00-08:00
Citation: 261 So. 3d 729
Snippet: subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)…before the court for sentencing." See also § 921.0021(6)(b) (enumerating community control as a "