Legal Question in Criminal Law in Florida

Prison Releasee Re-offender Act Florida Statute 775.082

My fiance is currently in jail pending a charge of 1 count of Fradulent Use of Personal Identification Information. He got out of Prison July 2002 on a Post-conviction Relief. This act talks about violent crime but this charge is not a violent crime. The State said that he scores out to 37months, does that sound right?

Asked on 12/09/04, 1:02 pm

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.
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Re: Prison Releasee Re-offender Act Florida Statute 775.082

The Prison Releasee Reoffender ("PRR") act does not apply to your fiance for this offense. What the State is quoting (37 months prison) is likely the minimum guideline sentence under the criminal punishment code ("CPC"). The CPC is a statutory guideline which is used to determine the minimum sentence that may be imposed upon conviction for the offense charged.

The CPC is based on levels (1 - 7) with each level being assigned greater points. Also, each past crime your fiance has committed is assigned points as well based on the applicable level. If your fiance scores over 44 points he is looking at mandatory prison.

A copy of the CPC manual can be found at the following link: http://www.dc.state.fl.us/pub/sen_cpcm/index.html

I hope this is helpful.

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12/09/04, 2:32 pm

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