Preview
Rule 3.992(a) Criminal Punishment Code Scoresheet
1. Date jo : 2, Preparer's Name | pc [xXlsao_ [3. County 4. Sentencing Judge
4 yl 7 Cynthia Carrasco Osceola Tom Young
5. Name (Last,First, M.t.) 6. DOB 8. Race 10. Primary Off. Date 12.
10/02/1988 Lip &w Llother 06/23/2021 Plea
SHIVER, JASON D 7. DC# 9. Gender 11. Primary Docket # Tri
X!M C] F 49-2021-CF-002807 rial[|
I. PRIMARY OFFENSE: !f Qualifier, please check A s c R (A=Attempt S=Solicitation C=Conspiracy R=Reclassification)
FEL DEGREE F.S# DESCRIPTION OFFENSE LEVEL POINTS
3 812.014(2)(C)(6) GRAND THEFT 3RD DEGREE-MOTOR VEHICLE /_4 /I,__22.0
(Level = Pts: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116)
Prior capital felony triples Primary Offense points
L]
Il. ADDITIONAL OFFENSE(S): Supplemental page attached: (_]’
DOCKET # FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL ASCR
LLL x =
Description:
LIL x =
Description:
XL
Description:
(Level = Pts: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) Supplemental page points __ 0.0
Prior capital felony triples Additional Offense points
L] II. 0.0 :
If. VICTIM INJURY:
Number Total Number Total
2nd Degree Murder 240 X 0 - =_0 ‘ Filed in open
p Court thiIs i
Slight 4X 0 = 0
Death 120 X _0 = 6
Mo day ofJeahy Sex Penetration 80 X 0 = 0
——__ A.D. _—
Severe 40X _0 = 0 7 KELVIN SOTO, ESQ,, CLERK OF$#fContact 40x _0 =O .
Moderate
DOCKET #
18X 0 =
FEL/MM
9
IV. PRIOR RECORD: Supplemental page BY. RCUITCOURTKewCOMPTROLLER
edr-Ee
F.S#
pyLIN
Af) D.C.
OFFENSE QUALIFY COUNTS POINTS
Ti.90.0|
TOTAL
DEGREE LEVEL ASCR
49-2012-KM-000036 1 784.03-10 M LLL 1 X_02 = 02
Description: _BATTERY (DOMESTIC VIOLENCE)
48-2020-NM-001935 1 784.03-10 M [iT 1 X_02 = 02
Description: _BATTERY (DOMESTIC VIOLENCE)
49-202.1-MM-000596 1 810.08-13 M [ITI 1 X_02 = _ 02
Description: TRESPASS OCCUP. STRUC. (REFUSAL TO LEAVE)
04c{011786 2 790.19 6 LIL 1 X_90 = 9.0
Description: _SHOOT/THROW MISSILE INTO DWELL/STRUCT/VEH.
292005cj03397 3 810.02(1)(B)(1)-2 4 LLL 1 X_24 = 24
Description: BURGLARY OF STRUCTURE
(Level = Pts: M=0.2, T=0.5, 2=0.8, 3=1.6, 452.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, TO=29) Supplemental page points 42
IV. 16.2
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions.
ee
Rule 3.992(a) Criminal Punishment Code Scoresheet
SHIVER, JASON D 49-2021-CF-002807
V. LEGAL STATUS VIOLATION = [_14 Points V. _0.0
L_|Escape: L_]Fleeing L_|Faiture to Appear [|supersedeas Bond |_|Incarceration L_|Pretrial Intervention or Diversion Program
LIcourt Imposed or Post Prison Release Community supervision resulting in Conviction
VI. Community Sanction Violation before the court for sentencing # of violations sub-total VI. _0.0
[_lProbation L_]community Control L_]Pretrial Intervention or Diversion
[| 6 points for any violation other than new felony conviction x each successive violation OR
0 = 0
[| same
New Felony
time asConviction
sentence =for12violation
pts x each
successiveORviolation if new offense results In conviction before or at
of probation 0 = 0
[| is12notPtsbased
X eachonsuch
successive
failure violation
finesfor
or arestitution
to pay costs, violent felony
OR offender of special concern when the violation
——_ 0+ _
~~ —__ 0
[| NewFelony
Conviction
=24PtsXeachsuch
successive
violation
for a violent
felony offender of special concern if
new offense results in a conviction before or at the same time for violation
of probabtion 0
——_—_s _~ i 0
VII. Firearm/Semi-Automatic or Machine Gun = L118 Points OR _]25 Points Vi. _ 0.0
VIII. Prior Serious Felony = L_}30 Points VII. 0.0
Subtotal Sentence Points _38.2
IX. Enhancements (only if the primary offense qualifies for enhancement)
Law Enforcement Protection
Drug Trafficker
Motor Vehicle Theft
Crimnal Gang Offense
DomesticViolence in the Presenceof Related Child
Adult On Minor Sex Offense
[ lxasf |x20
[| |xas [ |xas []xas [ ]x15 (Offenses enn, te er03/12/07)
x 1, [ ]x2.0
Enhanced Subtotal Sentence Points IX. _0.0
TOTAL SENTENCE POINTS _ 38.2
SENTENCE COMPUTATION
If total sentence points are less than or equal to 44, the lowest permissable sentence is any non-state prison sanction.
If the total sentence points
are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the court must sentence the offender to a non-state prison sanction.
If total sentence points are greater than 44:
minus 28 = x.75 =
total sentence points lowest permissable prison sentence in months
If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statutes 948.20 and 397.334(3), the court may place
the defendant into a treatment-based drug court program.
The maximum sentence for each individual felony offense is the statutory maximum as provided in s. 775.082, F.S. unless the lowest permissible sentence
listed above exceeds the statutory maximum for that offense. If the lowest permissible sentence exceeds the statory maximum for an individual felony offense,
the lowest permissible sentence replaces the statutory maximum and must be imposed for that offense. See State v. Gabriel, 314 So. 3d 1243 (Fla. 2021).
Such Sentences for multiple felony offenses may be imposed concurrently or consecutively.
If the total sentence points are greater than or equal to 363, a
life sentence may be imposed.
Primary offense: GRAND THEFT 3RD DEGREE-MOTOR VEHICLE 5.0
Description Maximum sentence in years
Total maximum sentence in years for all counts above if consecutive sentences imposed: 5.0
TOTAL SENTENCE IMPOSED
Years Months Days
C} State Prison L] Life
(| county Jail L_]time Served
L] Community Control
L_] Probation |_| Modified
Please check if sentenced as
L_J habitual offender,L] habitual violent offender,
(_}violent career criminal,
L Prison Release Reoffender,
CJor a mandatory minimum applies.
L_] mitigated DepartureLIPlea Bargain LJ Prison Diversion Program
Other Reason:
~
JUDGE'S SIGNATURE aM
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions.
De
Name (Last, First, M.I.) Docket # Date of Seritence
SHIVER, JASON D 49-2021-CF-002807 ) LG ZZ
IV. PRIOR RECORD: IV. _4.2
DOCKET # FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL ASCR
292007cf000764 3 948.06-1 LEI] 1 X_0.0 = _ 0.0
Description: _VIOLATION OF PROBATION
292008cf018163 2 812.019(1) 5 LIL 1 X_3.6 = _ 3.6
Description: _DEALING IN STOLEN PROPERTY (Trafficking)
292012CF006499 2 810.02(3)-34 LLL 1 X_0.0 = _ 0.0
Description: _BURGLARY OF UNOCCUPIED DWELLING .
607473 3 948.06-1 LLL | 1 X_0.0 = _ 0.0
Description: _VIOLATION OF PROBATION
292016CF00218 2 322.34(2)(A)-2 mM [iit 1 X_02 = _ 0.2
Description: _DRIV WHILE LIC SUSPEND REVOCATION EQUIV STATUS
292016CF002187000 2 320.02(1) mM Lit) 1 X_02 = _ 0.2
Description: _NO MOTOR VEHICLE REGISTRATION
052021CF046942 N 901.04 LEI 1 X_0.0 = _ 0.0
Description: _OUT-OF-COUNTY WARRANT-
1 901.31 mM [iI 1 X_02 = 0.2
Description: _FAILURE TO APPEAR-WRITTEN PROMISE TO APPEAR
(Level = Pts: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29)
REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES
(reasons may be checked here or written on the scoresheet)
[| Legitimate, uncoerced plea bargain.
[_]The Defendant was an accomplice to the offense and wasa
relatively minor participant in the criminal conduct.
[|The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of the law was
substantially impaired.
[|The defendant requires specialized treatment for
a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and
the defendant is amenable to treatment.
i] The need for payment of restitution to the victim outweighs the need for a prison sentence.
[| The victim was an initiator, willing participant, aggressor, or provoker of the incident.
[|The defendant acted under extreme duress or under the domination of another person.
[ ] Before the identity of the defendant was determined,
the victim was substantially compensated.
[| The defendant cooperated with the State
to resolve the current offense or any other offense. = ;
[|The offense was committed in an unsophisticated manner and was isolated incident for which the defendant has shown remorse.
[Jat the time of the offense the defendant was too young to appreciate the consequences of the offense.
| The defendant is to be sentenced as a youthful offender.
Pursuant to 921.0026(3) the defendant's substance abuse or addiction does not justify a downward departure from the lowest possible sentence,
except for provisions of s.921.0026(2)(m).
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998
and subsequent revisions.
a
Preview
Rule 3.992(a) Criminal Punishment Code Scoresheet 1. Date jo : 2, Preparer's Name | pc [xXlsao_ [3. County 4. Sentencing Judge 4 yl 7 Cynthia Carrasco Osceola Tom Young 5. Name (Last,First, M.t.) 6. DOB 8. Race 10. Primary Off. Date 12. 10/02/1988 Lip &w Llother 06/23/2021 Plea SHIVER, JASON D 7. DC# 9. Gender 11. Primary Docket # Tri X!M C] F 49-2021-CF-002807 rial[| I. PRIMARY OFFENSE: !f Qualifier, please check A s c R (A=Attempt S=Solicitation C=Conspiracy R=Reclassification) FEL DEGREE F.S# DESCRIPTION OFFENSE LEVEL POINTS 3 812.014(2)(C)(6) GRAND THEFT 3RD DEGREE-MOTOR VEHICLE /_4 /I,__22.0 (Level = Pts: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116) Prior capital felony triples Primary Offense points L] Il. ADDITIONAL OFFENSE(S): Supplemental page attached: (_]’ DOCKET # FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL ASCR LLL x = Description: LIL x = Description: XL Description: (Level = Pts: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) Supplemental page points __ 0.0 Prior capital felony triples Additional Offense points L] II. 0.0 : If. VICTIM INJURY: Number Total Number Total 2nd Degree Murder 240 X 0 - =_0 ‘ Filed in open p Court thiIs i Slight 4X 0 = 0 Death 120 X _0 = 6 Mo day ofJeahy Sex Penetration 80 X 0 = 0 ——__ A.D. _— Severe 40X _0 = 0 7 KELVIN SOTO, ESQ,, CLERK OF$#fContact 40x _0 =O . Moderate DOCKET # 18X 0 = FEL/MM 9 IV. PRIOR RECORD: Supplemental page BY. RCUITCOURTKewCOMPTROLLER edr-Ee F.S# pyLIN Af) D.C. OFFENSE QUALIFY COUNTS POINTS Ti.90.0| TOTAL DEGREE LEVEL ASCR 49-2012-KM-000036 1 784.03-10 M LLL 1 X_02 = 02 Description: _BATTERY (DOMESTIC VIOLENCE) 48-2020-NM-001935 1 784.03-10 M [iT 1 X_02 = 02 Description: _BATTERY (DOMESTIC VIOLENCE) 49-202.1-MM-000596 1 810.08-13 M [ITI 1 X_02 = _ 02 Description: TRESPASS OCCUP. STRUC. (REFUSAL TO LEAVE) 04c{011786 2 790.19 6 LIL 1 X_90 = 9.0 Description: _SHOOT/THROW MISSILE INTO DWELL/STRUCT/VEH. 292005cj03397 3 810.02(1)(B)(1)-2 4 LLL 1 X_24 = 24 Description: BURGLARY OF STRUCTURE (Level = Pts: M=0.2, T=0.5, 2=0.8, 3=1.6, 452.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, TO=29) Supplemental page points 42 IV. 16.2 Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions. ee Rule 3.992(a) Criminal Punishment Code Scoresheet SHIVER, JASON D 49-2021-CF-002807 V. LEGAL STATUS VIOLATION = [_14 Points V. _0.0 L_|Escape: L_]Fleeing L_|Faiture to Appear [|supersedeas Bond |_|Incarceration L_|Pretrial Intervention or Diversion Program LIcourt Imposed or Post Prison Release Community supervision resulting in Conviction VI. Community Sanction Violation before the court for sentencing # of violations sub-total VI. _0.0 [_lProbation L_]community Control L_]Pretrial Intervention or Diversion [| 6 points for any violation other than new felony conviction x each successive violation OR 0 = 0 [| same New Felony time asConviction sentence =for12violation pts x each successiveORviolation if new offense results In conviction before or at of probation 0 = 0 [| is12notPtsbased X eachonsuch successive failure violation finesfor or arestitution to pay costs, violent felony OR offender of special concern when the violation ——_ 0+ _ ~~ —__ 0 [| NewFelony Conviction =24PtsXeachsuch successive violation for a violent felony offender of special concern if new offense results in a conviction before or at the same time for violation of probabtion 0 ——_—_s _~ i 0 VII. Firearm/Semi-Automatic or Machine Gun = L118 Points OR _]25 Points Vi. _ 0.0 VIII. Prior Serious Felony = L_}30 Points VII. 0.0 Subtotal Sentence Points _38.2 IX. Enhancements (only if the primary offense qualifies for enhancement) Law Enforcement Protection Drug Trafficker Motor Vehicle Theft Crimnal Gang Offense DomesticViolence in the Presenceof Related Child Adult On Minor Sex Offense [ lxasf |x20 [| |xas [ |xas []xas [ ]x15 (Offenses enn, te er03/12/07) x 1, [ ]x2.0 Enhanced Subtotal Sentence Points IX. _0.0 TOTAL SENTENCE POINTS _ 38.2 SENTENCE COMPUTATION If total sentence points are less than or equal to 44, the lowest permissable sentence is any non-state prison sanction. If the total sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the court must sentence the offender to a non-state prison sanction. If total sentence points are greater than 44: minus 28 = x.75 = total sentence points lowest permissable prison sentence in months If total sentence points are 60 points or less and court makes findings pursuant to both Florida Statutes 948.20 and 397.334(3), the court may place the defendant into a treatment-based drug court program. The maximum sentence for each individual felony offense is the statutory maximum as provided in s. 775.082, F.S. unless the lowest permissible sentence listed above exceeds the statutory maximum for that offense. If the lowest permissible sentence exceeds the statory maximum for an individual felony offense, the lowest permissible sentence replaces the statutory maximum and must be imposed for that offense. See State v. Gabriel, 314 So. 3d 1243 (Fla. 2021). Such Sentences for multiple felony offenses may be imposed concurrently or consecutively. If the total sentence points are greater than or equal to 363, a life sentence may be imposed. Primary offense: GRAND THEFT 3RD DEGREE-MOTOR VEHICLE 5.0 Description Maximum sentence in years Total maximum sentence in years for all counts above if consecutive sentences imposed: 5.0 TOTAL SENTENCE IMPOSED Years Months Days C} State Prison L] Life (| county Jail L_]time Served L] Community Control L_] Probation |_| Modified Please check if sentenced as L_J habitual offender,L] habitual violent offender, (_}violent career criminal, L Prison Release Reoffender, CJor a mandatory minimum applies. L_] mitigated DepartureLIPlea Bargain LJ Prison Diversion Program Other Reason: ~ JUDGE'S SIGNATURE aM Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions. De Name (Last, First, M.I.) Docket # Date of Seritence SHIVER, JASON D 49-2021-CF-002807 ) LG ZZ IV. PRIOR RECORD: IV. _4.2 DOCKET # FEL/MM F.S.# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL ASCR 292007cf000764 3 948.06-1 LEI] 1 X_0.0 = _ 0.0 Description: _VIOLATION OF PROBATION 292008cf018163 2 812.019(1) 5 LIL 1 X_3.6 = _ 3.6 Description: _DEALING IN STOLEN PROPERTY (Trafficking) 292012CF006499 2 810.02(3)-34 LLL 1 X_0.0 = _ 0.0 Description: _BURGLARY OF UNOCCUPIED DWELLING . 607473 3 948.06-1 LLL | 1 X_0.0 = _ 0.0 Description: _VIOLATION OF PROBATION 292016CF00218 2 322.34(2)(A)-2 mM [iit 1 X_02 = _ 0.2 Description: _DRIV WHILE LIC SUSPEND REVOCATION EQUIV STATUS 292016CF002187000 2 320.02(1) mM Lit) 1 X_02 = _ 0.2 Description: _NO MOTOR VEHICLE REGISTRATION 052021CF046942 N 901.04 LEI 1 X_0.0 = _ 0.0 Description: _OUT-OF-COUNTY WARRANT- 1 901.31 mM [iI 1 X_02 = 0.2 Description: _FAILURE TO APPEAR-WRITTEN PROMISE TO APPEAR (Level = Pts: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29) REASONS FOR DEPARTURE - MITIGATING CIRCUMSTANCES (reasons may be checked here or written on the scoresheet) [| Legitimate, uncoerced plea bargain. [_]The Defendant was an accomplice to the offense and wasa relatively minor participant in the criminal conduct. [|The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of the law was substantially impaired. [|The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, and the defendant is amenable to treatment. i] The need for payment of restitution to the victim outweighs the need for a prison sentence. [| The victim was an initiator, willing participant, aggressor, or provoker of the incident. [|The defendant acted under extreme duress or under the domination of another person. [ ] Before the identity of the defendant was determined, the victim was substantially compensated. [| The defendant cooperated with the State to resolve the current offense or any other offense. = ; [|The offense was committed in an unsophisticated manner and was isolated incident for which the defendant has shown remorse. [Jat the time of the offense the defendant was too young to appreciate the consequences of the offense. | The defendant is to be sentenced as a youthful offender. Pursuant to 921.0026(3) the defendant's substance abuse or addiction does not justify a downward departure from the lowest possible sentence, except for provisions of s.921.0026(2)(m). Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998 and subsequent revisions. a