State v. Chenault

DAUKSCH, Judge.

This is an appeal from a guideline sentence. The state maintains the sentencing judge erred in failing to assess points against appellee because he committed the crime while in custody serving a sentence. Rule 3.701(d)(6) in conjunction with Rule 3.988(i) says that persons who are in custody serving a sentence and who then commit another crime shall have twenty-four points scored against them, thus increasing the sentence in many cases.

The crime appellee committed was escape, so “in custody serving a sentence” is an element of the crime of escape and thus was factored into the…