Goldberg v. State

Jeffrey Goldberg was convicted, after a jury trial, of grand theft from a person sixty-five years of age or older of property valued between $800 and $10,000. 1 He appeals the trial court’s imposition of a three-year prison sentence where he scored less than twenty-three points on his sentencing scoresheet and the trial court failed to make written findings that a non-state prison sanction could present a danger to the public. We reverse.

Section 775.082(10), Florida Statutes (2009) provides:

If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree…