No. 18-9835

Melvin Perez v. Florida

Lower Court: Florida
Docketed: 2019-06-27
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: ambiguity commission-date ends-of-justice primary-offense prior-offense sentencing-scoresheet
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can a trial court score an offense as a prior on a sentencing scoresheet if the time of the commission of that offense is subsequent to the time of the primary offense being sentenced?

Question Presented (OCR Extract)

No question identified. : TION PRESENTED -Can a trial court score an offense as a prior on a sentencing scoresheet if the time ; of the commission of that offense is subsequent to the time of the primary offense __ being sentenced? -Can a trial court score an offense as a prior on a sentencing scoresheet and use that same prior offense to upward depart from the sentencing range points? -If there is an ambiguity in determining the date of the prior offense, because there are documents that show five different dates, does the court have to resolve the matter in favor of the accused? -Do the ends of justice require a Court to correct an improper calculation made in a sentencing scoresheet when the error will result in significant sentence changes? ~~ ~ 7 — _ nein

Docket Entries

2019-10-07
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Waiver of right of respondent Florida to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Florida
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Melvin Perez
Melvin Perez — Petitioner
Melvin Perez — Petitioner