Clifford JONES, Sr., Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bеnnett H. Brummer, Public Defender, and Deborah K. Brueckheimer, Special Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Richard S. Fechter, Asst. Atty. Gen., for appellee.
Before BASKIN, COPE and GERSTEN, JJ.
COPE, Judge.
Clifford Jones, Sr., appeals his conviction for two counts of aggravated child abuse and one count of battery. We affirm.
First, contrary to Jones' assertion, we conclude thаt there was sufficient evidence to submit to the jury on the child abuse counts. See State v. Law,
Second, the triаl court conducted an evidentiary hearing regarding the admissibility of the child victim's hearsay statements pursuant to subsection 90.803(23), Florida Statutes (1989). The trial court made findings of reliability and unavаilability. These were that:
the content and circumstances ... provide sufficient safeguards of reliability to be admissible.
I further find that J.P. is unavailable and that if he were to testify a substantial likеlihood of severe emotional mental harm would result. Therefore, I am going to allow this detective to testify as to any hearsay statements made by J.P.
Jones argues that the findings shоuld have been made in more detail. That point is not preserved for appellаte review, because no contemporaneous objection was made tо *106 the sufficiency of the trial court's findings. Stone v. State,
Third, we find no error in the trial court's decision to send tо the jury (in response to a request from the jury) various letters from defendant to his wife which had been previously entered into evidence without objection. Although largely discussing other matters, the letters contained passing references to the fact that the defendant had previously used drugs and had ceased doing so. Since the wife had testified that the defеndant was under the influence of drugs during one of the offenses charged in the information, and since the wife's credibility was attacked at trial,[1] the defendant's admissions in the letters regarding past drug use were relevant to corroborate the wife's testimony.
Fourth, the State cоnfesses error with regard to the imposition of a departure sentence in this casе. See Wilson v. State,
Fifth, there is a dispute between the parties as to the applicable guidelines scoresheet. The parties agree that the defendant's primary offense at conviction was aggravated child abuse pursuant to section 827.03, Florida Statutes (1989). The defense contends that aggravated child аbuse is properly classified as a violent personal crime, and therefore is governed by Category 4: Violent Personal Crimes. Fla.R.Crim.P. 3.988(d). The State argues that aggravated child abuse is not covered by Category 4, and therefore the relevant scoresheet is Cаtegory 9: All Other Felony Offenses. Fla.R.Crim.P. 3.988(i).
We conclude that the correct scoresheet is Category 9, as the State contends. The sentencing guidelines state that "[o]ffenses have been grouped into offense categories encompassing the following statutes ... ." Fla.R.Crim.P. 3.701(c) (emphasis added). The full definition of Category 4 is "Violent Personal Crimes: Chapters 784 and 836 and section 843.01 and subsection 381.411(4)." Fla.R.Crim.P. 3.701(c).[2] Only the specifically enumerated offenses are included within Category 4.[3]See State v. Hutcheson,
The defense argues that a Category 4 scoresheet is required by Puffinberger v. State,
Convictions affirmed; sentences reversed and remanded for sentencing within the guidelines.[5]
NOTES
Notes
[1] The wife was originally charged as a codefendant in the case and subsequеntly agreed to testify against her husband.
[2] Those classifications are repeated оn the Category 4 scoresheet itself. See Fla.R.Crim.P. 3.988(d).
[3] For the treatment of inchoate offenses see committee note (c) to Rule 3.701, Fla.R.Crim.P.; Hayles v. State,
[4] That is so because the opinion's discussion of the scoresheet issues in the case refers to Florida Rule of Criminal Procedure 3.988(d). Rule 3.988(d) is the citation for the Category 4 scoresheet. See Puffinberger v. State,
[5] Defendant's remaining point is without merit.
