Tasker v. State
48 So. 3d 798
Fla.2010Background
- Tasker pled guilty to lewd and lascivious molestation of a child and to child abuse under a negotiated plea agreement.
- A CPC scoresheet at the initial sentencing included forty victim-injury points for sexual contact.
- Tasker did not object to the victim-injury points at sentencing and did not appeal.
- After probation violations, a deferred (revocation) sentencing occurred with an updated CPC scoresheet still listing the forty victim-injury points.
- Tasker moved under Rule 3.800(b)(2) during the appeal from revocation to challenge the scoresheet.
- The First District held the issue not preserved; the Florida Supreme Court held that such a claim may be raised in a 3.800(b)(2) motion and preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of scoresheet error after revocation | Tasker preserved via 3.800(b)(2) motion. | First District barred review as not preserved. | Scoresheet error may be raised after revocation and preserved. |
| Statutory limit on review under 924.06(2) | Section 924.06(2) does not bar review for post-probation proceedings. | Section 924.06(2) limits review to proceedings after probation. | Statutory text does not bar review; revocation proceedings qualify. |
| Role of 3.800(b)(2) amendments in preservation | Amendments intended as a failsafe to preserve errors for appeal. | Amendments do not alter contemporaneous objection requirements. | 3.800(b)(2) properly preserves the issue for appellate review. |
| Conflict with Second/Fourth District decisions | Tasker aligns with Stubbs/Spell/Bogan (Second District) and Bryant. | First District adheres to Fitzhugh/Contemporaneous objection rule. | Court aligns with Stubbs/Spell/Bogan and Bryant; preserves review. |
Key Cases Cited
- Stubbs v. State, 951 So.2d 910 (Fla. 2d DCA 2007) (challenge to victim-injury points after revocation permitted; conflict with First District)
- Spell v. State, 731 So.2d 9 (Fla. 2d DCA 1999) (victim-injury points reviewable after revocation even if not raised originally)
- Bogan v. State, 725 So.2d 1216 (Fla. 2d DCA 1999) (review of victim-injury points after revocation permitted; supports conflict with First District)
- Fitzhugh v. State, 698 So.2d 571 (Fla. 1st DCA 1997) (contemporaneous objection rule for sentencing errors; relied upon by First District)
- Bryant v. State, 37 So.3d 269 (Fla. 4th DCA 2009) (scoresheet errors preserved through 3.800 after revocation; ultimate alignment with broader rule)
- Brooks v. State, 969 So.2d 238 (Fla. 2007) (amendment to 3.800(b) as early mechanism for preservation)