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RULE 3,.992(a) CRIMINAL PUNISHMENT CODE SCORESHEET
‘The Criminal Punishment Code Scoresheet Preparation Manual is available at: http:/imww.de.state. fl.us/pub/sen_cpem/index.html
1. DATE OF SENTENCE >. PREPARER'S NAME [ec Bsao Is. COUNTY 14. SENTENCING JUDGE
WILLIAMS, MATTHEW RYAN Osceola CARSTEN, KEITH A
5. NAME (LAST, FIRST,M.I.) 6. DOB 8. RACE 10. PRIMARY OFF.DATE 12
OTERO-RIVERA, CHRISTOPHER 1419/1987 De Edw Lotier 10/21/2019 puea []
7. DC # 9. GENDER 11, PRIMARY DOCKET # TRIAL ye
Bu [Je 2019CF003738A49
1, PRIMARY OFFENSE: _ {f Qualifier, please check La Ls Le Dr -attempt, s=Solicitation, =Conspiration, R=Rectassification)
FELONY FS# DESCRIPTION OFFENSE POINTS
DEGREE LEVEL
+1 782,04(2) J MURDER IN THE SECOND DEGREE - NO PREMEDITATION 10
(Level - Points: 2=10, 3=16, 4=22, 5528, 6=36, 7=56, 8=74, 9=92, 10=116) I 116,00
Prior capital felony triples Primary Offense points [_]
Il. ADDITIONAL OFFENSE(S): Supplemental page attached [XJ
DOCKET# FEL/MM. FSH OFFENSE QUALIFY COUNTS POINTS: TOTAL
DEGREE LEVEL Asc R
2019-CF-003738__/ 2 J 872.06 1 7 ooog 1 xX _ 2% = 28
Description ABUSE OF DEAD HUMAN BODY
2019-CF-003738__/ BF oraszrransones3a) / 3 ooo 1X 240 2.4
Description TAMPERING WITH PHYSICAL EVIDENCE
2018-CF-003532_/ 3 srrsneyanaerrsray | 1 oooo _1_ x _o7_ = o7
Description UNLAWFUL POSSESSION OF STOLEN CREDIT/DEBIT CARD
(Level - Points: M=0.2, 150.7, 2=1.2, 3=2.4, 4=3.6, 55.4, 6=18, 7=28, 8=37, 9=46, 10=58)
Prior capital felony triples Additional Offense points Supplemental page points 3.80
i. 34.90
Mes ae
Ml, VICTIM INJURY: Gi %p,
Number Total Number Total Yo 4Z %,
= - Ry 4 Woo,
2nd Degree Murder 240 X 1 = 240 Slight 4x = 0 Whe, OQ ~“&'G,
Death 120 X 0 —SexPenetration 80 X = %, Up Zo” x Y,
Severe 40 X 0 Sex Contact 40 X S
Moderate 18 X 0 Roo
Vo, I. 240.00
IV. PRIOR RECORD: — Supplemental page attached [] “er, is
X
FEU OFF.
MM F.S# LEVE QUALIFY DESCRIPTION % irs TOTAL
DEG L A S CR )
3_/ srasounenaex/ 5 /[] [] [] [] ROBBERY BY SUDDEN SNATCHING (2010CF987) 141 € 36 = 36
oogodg Ix = 0
oOoOg !__x 9
OOOg ix 0
oog Ix = 0
ooo /_ x 5 0
Supplemental page points 0,00
IV.___ 3.60
Page 1 Subtotal: 394.50
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.NAME (LAST, FIRST, Ml) DOCKET #
OTERO-RIVERA, CHRISTOPHER 2019CF003738A49
Page 1 Subtotal: 394.50
V._Legal Status violation = 4 Points
(1 Escape [] Fleeing [] Failure to appear [] Supersedeas bond [[]_ Incarceration [] Pretrial intervention or diversion program
[1 Court imposed or post prison release community supervision resulting in a conviction v.
Vi. Community Sanction violation before the court for sentencing Vi 12.00
O Probation Community Control Pretrial Intervention or diversion
£1 6 points for any violation other than new felony conviction x each successive violation OR
A New felony conviction = 12 points x 1 each successive violation if new offense results in conviction before or at same time as
sentence for violation of probation OR
1 22 points x each successive violation for a violent felony offender of special concern when the violation Is not based solely
on failure to pay costs, fines, or restitution OR
[1 New felony conviction = 24 points x each successive violation for a violent felony offender of special concern if new offense
results in a conviction before or at the sametime for violation of probation
Vil. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points Vil.
VII, Prior Serious Felony = 30 Points vill.
Subtotal Sentence Points 406,50
IX. Enhancements (only if the primary offense qualifies for enhancement)
Criminal Gang Domestic Violence in the
Law Enf. Protect. Drug Trafficker Motor Vehicle Theft Offense Presence of Related Chiid Adult-on-Minor Sex Offense
(ctfenses committed on or attr 3/1207) (ottenses commited on or after 10/114)
x15 x20 x25 x15 x18 x15 xAS x20
Enhancement Subtotal Sentence Points IX. 0.00
TOTAL SENTENCE POINTS 406.50
SENTENCE COMPUTATION
lor 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 less than or equal to 44, the lowest permissible sentence is any non_state prison sanction. If the total sentence points are 22 points
If total sentence points are greater than 44:
406.50 minus 28 =__ 378.5 x75 = 283.875
total sentence points lowest permissible 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 is up to the statutory maximum for the primary and any additional offenses as provided in s.775.082, F.S., unless the lowest
permissible sentence under the Code exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total
sentence points are greater than or equal to 363, a life sentence may be imposed.
maximum sentence in years
tote Pr ee Years Months Days
tate Prison fe
/ 1] County Jail é T] Time Served
[1 Community Control
[1 Probation [1 Modified
Please check if sentenced as. []habitual offender, [habitual violent offender, []violent career criminal, []prison release reoffender,
ora [mandatory minimum applies.
[1 Mitigated Departure 01 Plea Bargain Prison Diversion Program
Other Reason —
JUDGE'S SIGNATURE —
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.RULE 3.992(b) CRIMINAL PUNISHMENT CODE SUPPLEMENTAL SCORESHEET
INAME (LAST, FIRST,M.L) |DOCKET# DATE OF SENTENCE
OTERO-RIVERA, CHRISTOPHER 2019CF003738A49
tla fal
ll. ADDITIONAL OFFENSE(S):
DOCKET# FEL/MM F.S# OFFENSE QUALIFY COUNTS POINTS TOTAL
DEGREE LEVEL AS CR
2018-CF-003532_/ 31 suznneasreanaye | 4 Hog 1 xX 36 = 3.6
Description TAMPERING WITH A WITNESS, VICTIM OR INFORMANT
2018-CF-003532__/ 1 784.03 1 oooo x 02
Description BATTERY
| 7 hoo hm Le
Description
! 1 ! ooog x = o
Description
I 1 ! ood x = Q
(Level - Points: M=0. = 1.2, 3=2.4, 453.6, 55.4, 6=18, 7=28, 8=37, 9=46, 10=58)
IL 3.80
IV. PRIOR RECORD:
FEL/ OFF.
MM FS# LEVE QUALIFY DESCRIPTION CT. POINTS TOTAL
DEG L AS C R
__l ‘9000 / x = 0
vl 9000 / 0
! 0000 Ix 0
__/ 1/0000 I x 0
__/ / /O000 / x = 0
il 1/0000 Ix 0
(Level - Points: M=0.2, 1=0.5, 20.8, 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)
a Legitimate, uncoerced plea bargain.
The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
L_| The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of 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.
[| 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 an isolated incident for which the defendant has shown remorse.
At 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.
The defendant is amenable to the services of a post adjudicatory treatment based drug court program and is otherwise qualified to participate
in the program.
The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug related overdose.
Pursuant to 921.0026(3) the defendant's substance abuse or addiction does not justify a downward departure from the lowest permissible sentence.
Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.
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RULE 3,.992(a) CRIMINAL PUNISHMENT CODE SCORESHEET ‘The Criminal Punishment Code Scoresheet Preparation Manual is available at: http:/imww.de.state. fl.us/pub/sen_cpem/index.html 1. DATE OF SENTENCE >. PREPARER'S NAME [ec Bsao Is. COUNTY 14. SENTENCING JUDGE WILLIAMS, MATTHEW RYAN Osceola CARSTEN, KEITH A 5. NAME (LAST, FIRST,M.I.) 6. DOB 8. RACE 10. PRIMARY OFF.DATE 12 OTERO-RIVERA, CHRISTOPHER 1419/1987 De Edw Lotier 10/21/2019 puea [] 7. DC # 9. GENDER 11, PRIMARY DOCKET # TRIAL ye Bu [Je 2019CF003738A49 1, PRIMARY OFFENSE: _ {f Qualifier, please check La Ls Le Dr -attempt, s=Solicitation, =Conspiration, R=Rectassification) FELONY FS# DESCRIPTION OFFENSE POINTS DEGREE LEVEL +1 782,04(2) J MURDER IN THE SECOND DEGREE - NO PREMEDITATION 10 (Level - Points: 2=10, 3=16, 4=22, 5528, 6=36, 7=56, 8=74, 9=92, 10=116) I 116,00 Prior capital felony triples Primary Offense points [_] Il. ADDITIONAL OFFENSE(S): Supplemental page attached [XJ DOCKET# FEL/MM. FSH OFFENSE QUALIFY COUNTS POINTS: TOTAL DEGREE LEVEL Asc R 2019-CF-003738__/ 2 J 872.06 1 7 ooog 1 xX _ 2% = 28 Description ABUSE OF DEAD HUMAN BODY 2019-CF-003738__/ BF oraszrransones3a) / 3 ooo 1X 240 2.4 Description TAMPERING WITH PHYSICAL EVIDENCE 2018-CF-003532_/ 3 srrsneyanaerrsray | 1 oooo _1_ x _o7_ = o7 Description UNLAWFUL POSSESSION OF STOLEN CREDIT/DEBIT CARD (Level - Points: M=0.2, 150.7, 2=1.2, 3=2.4, 4=3.6, 55.4, 6=18, 7=28, 8=37, 9=46, 10=58) Prior capital felony triples Additional Offense points Supplemental page points 3.80 i. 34.90 Mes ae Ml, VICTIM INJURY: Gi %p, Number Total Number Total Yo 4Z %, = - Ry 4 Woo, 2nd Degree Murder 240 X 1 = 240 Slight 4x = 0 Whe, OQ ~“&'G, Death 120 X 0 —SexPenetration 80 X = %, Up Zo” x Y, Severe 40 X 0 Sex Contact 40 X S Moderate 18 X 0 Roo Vo, I. 240.00 IV. PRIOR RECORD: — Supplemental page attached [] “er, is X FEU OFF. MM F.S# LEVE QUALIFY DESCRIPTION % irs TOTAL DEG L A S CR ) 3_/ srasounenaex/ 5 /[] [] [] [] ROBBERY BY SUDDEN SNATCHING (2010CF987) 141 € 36 = 36 oogodg Ix = 0 oOoOg !__x 9 OOOg ix 0 oog Ix = 0 ooo /_ x 5 0 Supplemental page points 0,00 IV.___ 3.60 Page 1 Subtotal: 394.50 Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.NAME (LAST, FIRST, Ml) DOCKET # OTERO-RIVERA, CHRISTOPHER 2019CF003738A49 Page 1 Subtotal: 394.50 V._Legal Status violation = 4 Points (1 Escape [] Fleeing [] Failure to appear [] Supersedeas bond [[]_ Incarceration [] Pretrial intervention or diversion program [1 Court imposed or post prison release community supervision resulting in a conviction v. Vi. Community Sanction violation before the court for sentencing Vi 12.00 O Probation Community Control Pretrial Intervention or diversion £1 6 points for any violation other than new felony conviction x each successive violation OR A New felony conviction = 12 points x 1 each successive violation if new offense results in conviction before or at same time as sentence for violation of probation OR 1 22 points x each successive violation for a violent felony offender of special concern when the violation Is not based solely on failure to pay costs, fines, or restitution OR [1 New felony conviction = 24 points x each successive violation for a violent felony offender of special concern if new offense results in a conviction before or at the sametime for violation of probation Vil. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points Vil. VII, Prior Serious Felony = 30 Points vill. Subtotal Sentence Points 406,50 IX. Enhancements (only if the primary offense qualifies for enhancement) Criminal Gang Domestic Violence in the Law Enf. Protect. Drug Trafficker Motor Vehicle Theft Offense Presence of Related Chiid Adult-on-Minor Sex Offense (ctfenses committed on or attr 3/1207) (ottenses commited on or after 10/114) x15 x20 x25 x15 x18 x15 xAS x20 Enhancement Subtotal Sentence Points IX. 0.00 TOTAL SENTENCE POINTS 406.50 SENTENCE COMPUTATION lor 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 less than or equal to 44, the lowest permissible sentence is any non_state prison sanction. If the total sentence points are 22 points If total sentence points are greater than 44: 406.50 minus 28 =__ 378.5 x75 = 283.875 total sentence points lowest permissible 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 is up to the statutory maximum for the primary and any additional offenses as provided in s.775.082, F.S., unless the lowest permissible sentence under the Code exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed. maximum sentence in years tote Pr ee Years Months Days tate Prison fe / 1] County Jail é T] Time Served [1 Community Control [1 Probation [1 Modified Please check if sentenced as. []habitual offender, [habitual violent offender, []violent career criminal, []prison release reoffender, ora [mandatory minimum applies. [1 Mitigated Departure 01 Plea Bargain Prison Diversion Program Other Reason — JUDGE'S SIGNATURE — Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.RULE 3.992(b) CRIMINAL PUNISHMENT CODE SUPPLEMENTAL SCORESHEET INAME (LAST, FIRST,M.L) |DOCKET# DATE OF SENTENCE OTERO-RIVERA, CHRISTOPHER 2019CF003738A49 tla fal ll. ADDITIONAL OFFENSE(S): DOCKET# FEL/MM F.S# OFFENSE QUALIFY COUNTS POINTS TOTAL DEGREE LEVEL AS CR 2018-CF-003532_/ 31 suznneasreanaye | 4 Hog 1 xX 36 = 3.6 Description TAMPERING WITH A WITNESS, VICTIM OR INFORMANT 2018-CF-003532__/ 1 784.03 1 oooo x 02 Description BATTERY | 7 hoo hm Le Description ! 1 ! ooog x = o Description I 1 ! ood x = Q (Level - Points: M=0. = 1.2, 3=2.4, 453.6, 55.4, 6=18, 7=28, 8=37, 9=46, 10=58) IL 3.80 IV. PRIOR RECORD: FEL/ OFF. MM FS# LEVE QUALIFY DESCRIPTION CT. POINTS TOTAL DEG L AS C R __l ‘9000 / x = 0 vl 9000 / 0 ! 0000 Ix 0 __/ 1/0000 I x 0 __/ / /O000 / x = 0 il 1/0000 Ix 0 (Level - Points: M=0.2, 1=0.5, 20.8, 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) a Legitimate, uncoerced plea bargain. The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct. L_| The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of 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. [| 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 an isolated incident for which the defendant has shown remorse. At 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. The defendant is amenable to the services of a post adjudicatory treatment based drug court program and is otherwise qualified to participate in the program. The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug related overdose. Pursuant to 921.0026(3) the defendant's substance abuse or addiction does not justify a downward departure from the lowest permissible sentence. Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions.