Legal Question in Criminal Law in Florida
appealing a sentence
My boyfriend was charged with a Driving while license suspended, and marajuana paraphanalia. He plead guilty and was told that he did not score for jail time. He was just sentenced today and was given 30 days in jail and a years worth of probabtion. They were both misdemeanors. And he was told that he didn't score jail time. He was nothing but respectful. Do we have the ability to appeal the sentencing? Thank you
2 Answers from Attorneys
Re: appealing a sentence
If discussion of "score" was brought up, it is likely the suspended licene charge was prosecuted as a felony. Scoring refers to prison, not jail. Jail is couny, prison is state. Unless the sentence was illegal, there likely is nothing to appeal.
Re: appealing a sentence
There isn't any "scoring" system for misdemeanors, just felonies, so the judge didn't break any law by giving him jail time (as far as I can tell from what you've said). However, if you think the judge made a legal mistake, you may appeal to the circuit court.
You can't appeal, though, just because you think the sentence wasn't fair or was too much, you can only appeal if a judge makes a mistake about the law. As a practical matter, though, by the time you got a decision on the appeal, the jail sentence would be over.
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