Jackson v. State
Jackson v. State
Opinion of the Court
Appellant was convicted of first degree murder and attempted robbery with a firearm. Appellant was sentenced to life imprisonment for the first degree murder and to a concurrent term of fifteen year’s imprisonment for the attempted robbery with a firearm. Appellant’s sentence for his first degree murder conviction included a twenty-five year mandatory minimum for drug trafficking under section 893.135, Florida Statutes (1985).
Appellant raises four points on appeal. We find merit in only two.
Appellant contends that the trial court erred in sentencing him to fifteen years for attempted robbery with a firearm without preparing a sentencing guidelines score-sheet. We agree. “Section 921.001(4)(a), Florida Statutes (1985), requires all noncap-ital felonies committed after October 1, 1983, be adjudicated under the sentencing guidelines.” Coleman v. State, 483 So.2d
Appellant also contends that the trial court erred in imposing a twenty-five year mandatory minimum sentence for drug trafficking when appellant was not charged with drug trafficking. Appellant’s sentence for the first degree murder conviction apparently contains a scrivener’s error. Clearly, the court intended to sentence appellant to life imprisonment for the first degree murder conviction with no eligibility for parole for twenty-five years pursuant to section 775.082(1), Florida Statutes (1985). We must remand the cause to the trial court for correction of appellant’s sentence.
Affirmed in part; reversed in part for proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.