Tarawneh v. StateTarawneh v. State
This is an appeal from a final order which partially denied a motion to correct illegal sentence filed pursuant to
Appellant correctly notes that on the face of the Category 1 scoresheet, for murder and manslaughter, there is an exception for capital murder pursuant to
(c) Only one category is proper in any particular case. Category 9, “All Other Felony Offenses,” should be used only when the primary offense at conviction is not included in another, more specific category. The guidelines do not apply to capital felonies.
Inchoate offenses are included within the category of the offense attempted, solicited, or conspired to, as modified by Ch. 777... .
Appellant persuasively argues that while the Category 1 scoresheet would be appropriate for murder or manslaughter other than capital murder, its express exclusion of capital murder makes use of the scoresheet error. Since Category 1 was not applicable, and as his offenses do not fall under any other express category, the only remaining category applicable is Category 9, designated for “all other felony offenses.” See Vance v. State, 565 So.2d 915 (Fla. 4th DCA), rev. dismissed, 574 So.2d 144 (Fla. 1990); Robertson v. State, 559 So.2d 352 (Fla. 1st DCA 1990); State v. Hutcheson, 501 So.2d 190 (Fla. 5th DCA 1987).
GLICKSTEIN, C.J., and DOWNEY and ANSTEAD, JJ., concur.