Robertson v. State

SHIVERS, Chief Judge.

Appellant defendant appeals the trial court’s use of a category 9 sentencing guideline scoresheet to impose sentence for inmate possession of contraband (section 944.47(l)(c), Florida Statutes), arguing that the court should instead have used a category 8 scoresheet. We disagree, and affirm the sentence.

Rule 3.701(c), Fla.R.Crim.P., lists nine offense categories corresponding to the nine different sentencing guideline scoresheets, including:

Category 8: Weapons: Chapter 790 and section 944.40.

Category 9: All other felony offenses.

The Committee Note to Rule 3.701(c) reads,…