OUTGOING LEGAL MAll2.4 / 7 PROVIDED TO TAYLOR C.I. FOR

MAILiNG ON

DATE (MAILROOM-MAIN UNIT) OFFICER INT.

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SUPREME COURT OF FLORIDA

ouTGo|NG LEGAL MAILPROVIDED TO TAYLoR C.I. FOR

Reginald T. JonesPetitioner, DA U ) CER !NT.

V. Case No.:L.T CASE NO:05-CF-018068

JULIE JONES. SECRETARYFlorida Department of 'Corrections, et al,

Respondent(s),

PETITION FOR WRIT OF HABEAS CORPUS

COMES NOW the Petitioner, Reginald T. Jones, pro se and pursuant to

Rule 9.030(c), moves this Honorable Court for a Writ of Habeas Corpus directed to

the Respondent, Julie L. Jones, Fla. Dept. of Corrections, and shows the court as

fdllows:

I. BASIS FOR INVOKING JURISDICTION

This court has jurisdiction to issue a Writ of Habeas Corpus under Article V

§ 4 (b) (3) of the Florida Constitution, and Fla. R. App. P.9.030 (b) (3). No

remedy other than Habeas Corpus would be adequate to prevent the Petitioner's

continued unlawful detention.

II. STATEMENT OF PROCEDURAL FACTS

On May 6th , 2015, the Petitioner was received by the department of

corrections on his recommitted sentence, and having been sentenced in the circuit

couit of Lee County on July 22, 2013 to the following:

The last 2 counts, under the same case number the structure was as follows,

count: (3)5 years D.O.C., and count: (4) 5 years D.O.C... Both counts were to be

ran consecutively. The trial court awarded the Petitioner his prior D.O.C. credit as

time served. (Please see Ex. A, July 22, 2013transcripts, pgs. 10-11)¹

III. THE NATURE OF THE RELIEF SOUGHT

Once this Honorable Court establishes the Petitioner was awarded his prior

D.O.C. credit as time serve, the Dept. of Corrections should issue an order to apply

his credit on the same recommitted sentence. Once that has been done, the

Petitioner current sentence would end, and he would be released from

custody.(Please refer to Ex.A, Sentencing Transcripts)

IV. ARGUMENT

According to Florida law, and the United States Constitution; the current

cause should be terminated as a expired sentence. Currently, the petitioner's

specifically, the petitioner is serving the same committed sentence given to him on 2-9-2009. The sentencing judge

split up the petitioner's counts 1, 2, 3, and 4 and illegally changed the concurrent service to consecutive service.(Please see Hughes v. state, 177 so. 3d 689(2015).

(2)

constitutional rights are being grossly violated, according to Art. I, Section 17:

Excessive Punishment.

The Honorable Edward Volz Jr., did award the Petitioner his prior D.O.C.

credit as time served; but as of this writing, the Dept. of Corrections has not

applied his prior credit to his recommitted sentence.

The Petitioner subsequently violated his probation in 2013, and a successor

Judge (Edward Volz Jr.), split up the last two remaining counts 3&4, and

sentenced the petitioner to 5-years on both counts to run consecutive of each other,

a total of 120 months, 10- years. The sentencing judge awarded the petitioner with

all prior D.O.C. credit as time served, which would have been 5-years thereby,

leaving the petitioner to do only a five year commitment.

The trial court wanted the Petitioner to do another 5-year on his V.O.P. for

his negative behavior. The Dept. of Corrections concurs with the court which

awarded the petitioner with all prior D.O.C. credit as time served, when the Dept.

requested clarification from the trial court; under a successor judge and newly ran

state attorney's office struck their request without verifying the face of the record

as far as the court awarding all prior D.O.C. credit as time served.2

According to Florida sentencing manual, 2016-2017 Edition, (William H.

Burgess, III), states under section 1:99, "Amendment or Clarification of Sentence":

² This could be a prejudicial and vindictive move from the trial court not relying on the fact of the record to establishthe truth , and the entitlement to prior credit being awarded.

00

"The court may not enhance a sentence after the Defendant has begun

serving it. Imposition of a harsher sentence after a defen.dant -has all ready begun

serving his or her original sentence violates double jeopardy principles. This is true

even if the original sentence was illegal or otherwise erroneous and the correction

conforms to applicable law or to the courts and parties intentions at sentencing.

Therefore, a proper use of a nunc pro tunc order to make the record "speak the

truth", as to what actually occurred and not be used to change matters or substance,

or to resolve a genuine ambiguity, in a judgment previously rendered and plainly

and properly settled with finality"3

Fla. R. Crim. P. 3.700(c), clearly stipulates in pertinent part: "a Judge other

than the original sentencing Judge whom accepted the plea, shall not pass sentence

until the Judge becomes acquainted with what transpired at trial or the facts."

When Judge Fuller, the successor Judge signed the striking order informing the

Petitioner that he was not entitled to receive his prior D.O.C. credit as time served,

clearly proves the successor Judge Fuller, did not read the facts of the case, or he

was misinformed by the post conviction section of the state attorney's office

concerning the Petitioner's prior credit.(please see July 22, 2013, sentencing

transcripts Ex. A).

3 see Sheppard v. state, 940 so.2d 545(Fla. 5th DCA2006); research reference: Double Jeopardy, West Key NumberDigest, 114.1to 117, sentencing and punishment 2280; C.J.s. Criminal Law, 211, 241-243,274-275,1544-1545.

This Honorable Court has by law jurisdiction to hear this case. When a manifest

injustice is obvious by the face of the record; this court is obligated to take action

to correct the error. The factual merits in this case are this: the Honorable Edward

Volz Jr., on July 22, 2013 in Lee County court sentenced the Petitioner to 120

months minus jail credit of 90 days and all prior D.O.C. credit as time served. The

Dept. of Corrections on record stated the Petitioner had served on the same

sentence 1,277 days in prison. 1, 277 days should be deducted from his current

sentence.

In this writ of Habeas Corpus the Petitioner only seeks his entitlement to

credit served on the same committed sentence, and ordered to be given by the trial

court. ( Ex. A).

To examine where the error came about in this cause; we must look back at

the clarification letter to Lee County Courts. To allow this type of change in a

sentence after it has started and especially when the face of the record clearly

establishes the Petitioner was awarded his prior D.O.C. credit, clearly violates the

doublejeopardyprincipals. 4 Lee County Courts did not verify the record,

otherwise these issues would not be an factor.

4 The sentencing transcript in "exhibit A" has to be the foundation of truth on how the Petitioner was sentence andcredit given.

CONCLUSION

A Writ of Habeas Corpus was enacted by our legal system years ago

to allow a detained individual access to the court to clear up his or her manifest

injustice of an illegal detention. The Petitioner only request this court rely on the

face of the record, so that it shall "speak the truth", of the pending illegal issue

taking place in the Petitioner's dilemma.

Finally, the Petitioner has done his committed sentence of 5- years and

currently is doing time on a non-committed charge.

It is imperative this court verify the facts, the truth, the merits, and have the

petitioner released from custody on his expired sentence given to him on July 22,

2013 in open comt in Lee County, Florida. It is so prayed.

Respec ly Su mitted,

ald T. Jones, #0 389

CERTIFICATE OF SERVICE

I HEREBY CERTIFY a true and correct copy of the foregoing has beenmailed to the Attorney General's office, the Capital PL-01, Tallahassee, Fla.32399-1050; on this 20 d day of M , 2017.

()

R i ald T. Jones, D #032 9aylor Correctiona nstitution

8515 Hampton Springs RoadPerry, Florida 32348

EXHIBIT A

®.,

FLORIDADEPARTMENT of °""""

RICK SCOTTCORRECTIONS

Changmg Lnrer n, . SecretaryEnsuréà Safer Florda Jt1LIE L. JONES

501 South Calhoun Street, Tallahassee, FL 32399-250Óhttp //www de state fl us

Jurie 2, 2015

Honorable Joseph C Fuller, Circuit Judge VIA Fax 239-485-27041700 Monroe StuetFt Myers, FL 3390 I .

Re Jones, Regmaid DC# 032389 Case# 05-18068 count 3 and 4

Dear Judge Fuller

e i a W to re e róñes' serftence consistent with the matmotion ofthe Court

term, the Department needs to know the cáse d 8 Prior pnson

Ûodeduedt ud77c gfpp,

sth a el fy g s ntene g et Ier d stify ng d be awarde4please provide the Departmentclarsfymg letter will not suGice See for exam Can number Case läw teaches that aSo 2d 412, 415-418 (Fla 1DCA 2007) d8 DePartinent of Corrections, 967

Inmate Jones' cunent tentatwe release date is 1/19/22 Ifallowmg prison credit from the above specified case/co 8 clarifying sentencmg order is received4840 would be the controlhng sentence with a tentative release at

Smcerely,

Shern SpitlerCorrectional Services Assistant Consultant

/ss

oc D Masjala, Pubhc DefenderD Geo Assistant State Attorney V A Fax 39 85 0

Tmst * Respect * Accountabanty * Inteenty * 1.eadership

- 7/13/2015 11:48 AM Filed Lee County Clerk of Courts

LEE O 00 T OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FORCRIMINAL ACTION

STATE OF FLORIDA,

Plaintiff,vs.

Case No. 05-CF-18068

REGINALD JONES,Defendant.

ORDER STRI P T NT

THIS CAUSE comes before the Court on correspondence from the Department of

Corrections (DOC), requesting clarification regarding the amount ofcredit time served awarded

to Defendant. However, DOC is not a party, and does not have standing to request, by

curespondence or motion, that a Court clarify or take anyaction in a case. Defendant also filed

CMre8Pondence on July 7, 2015, urging the Court to award prior credit. Since Defendant did not

serve a prison sentence on counts three and four prior to the instant sentence he is serving, he has

no Prior prison orjail credit to be awarded on tl)ese counts. To the extent Defendant requests he

be awarded the prior prison orjail credit on counts one and two towards the sentences he is

serving on counts three and four, Defendant is not entitled to such award. "A defendant is only

entitled to edit against each sentence for the time spent in jail for the charge which led to that

sentence." Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002), quoting eene v. State, 500 So.

2d 592, 594 (Fla. 2d DCA 1986); See also Archambault v. State, 789 So. 2d 463 (Fla. 5* DCA

2001) (following revocati ofprobation, defendant was not entitled to credit for time spent in

Jail on unrelated charges); Sheehan v. State, 759 So. 2d 747 (Fla. 5* DCA 2000). Defendant was

awarded the 90 days violation ofprobationjail credit to which he was entitled.

Accordingly, it is

. - 7/13/2015 11:48 AM Fi led Lee County Clerk of Courts

ORDERED AND ADJUDGED that DOC's correspondence is STRICKEN. Defendant'scorrespondence is dismissed as moot.

DONE RDERED in Chambers at Fort Myers, Lee County, Florida, this /day of

2015.

Joseph C u er, .Circuit J

Certificate ofService

I HEREBY CERTIFY that a trufurnished to: Reginald Jones, #20132 e and coact copy ofthe foregoing order has been

34230; Sherri Spitler, Department of , P.O. Box 49588, Sarasota, FL32399; Office of the State Attorn ons, 501 South Calhoun St., Tallahassee, FLAdministration (XIV), 1700 Monro St yen, FL 33902-0399; and Court

2015. yem, FL 33901, thisd day of

LINDA DOGGETTClerk ofCourt

By: (/D(

, Deputy Clerk /

2

. Filed Lee County Clerk of Courts Criminal Division

. �042 IN THE CIRCUIT -COURT OF THE TWENTIETH JUDICIALCIRCUIT IN AND FOR LEE COUNT'Y, FLORIDA

STATE OF FLORIDA, DÀs .No ..Ò5.-.CF-0180683

vs. Lee County Justice Center1700 Monroe ~Street

qgERINALE31MDXBXEdORKSh F o r t M ye r s , F L 3 3 9 0 1

Def endant.

SEN'1'ENCING

BEFORE .THE HONORABLE$$sidhÓÑÜÓÙ69MÖ Z J R . ., C I R C U.I T

APPEARANCES:

For the State:.DEVIN S. GEORGE, ESQ.

JU G

. en. . .

Office of. the State Attorney

2000 Main Street, 6 FloorFort Myers, · FL 33901(239) 533-1000

For the Defendant:DAVID J. GILLIS, ESQ.Office of the Public Defender

1700 Monroe StreetFort Myers, FL 33901(239) 533-2911

ORIGINALTranscription Service:

MERIT COURT REPORTING, INC.6213 Presidential Court, Suite 100

Fort Myers, FL.33919239. 4 81.1300

·Proceedings recorded by digital sound recording; transcript

produced by. transcription service.

Page 261

2

9 TABLE OF CONTENTS .

WITNESSES: . . DIRECT CROSS. REDIRECT RECROSS

None

. EXHIBITS: . IDENTIFIED ADMITTED

None

Page262

4

1 THE DEFENDANT: Sir?

2 THE -COURT: Uh-huh.

3 THE DEFENDANT: Your Honor, when I got

4 ~ sentenced back in.2009 in front gf the Honorable

5 Mark Steinbeck when I went to prison when doing

6 the time the argument came up -- I had no

7 knowledge, pretty much, about the law and when it

8 was explained to me that I -- that my sentence

9 was illegal and that when the ward of court,

10 being mÿ public defender, Maria Pace, explained

11 to the Court that my case was illegal and that I

12 was never illegally sentenced on probation I h.ad

13 no knowledge of all this.

14 When I got sent to prison I.spent all my

15 waking hours that I was available in the law

16 library trying to understand what· was going·on.·in

17 my life during'that time. And everything that I

18 read, sir, explained to me .that I was illegally

19 sentenced. And when the DCA sent an order down

20 during the month of November in '08 explaining

21 that I have never had a ju.dgment sentence --

22 final judgment and sentence in my record and they .

23 were relinquishing jurisdiction to the Court for

9 24 only 20 days to make a decision on my motion.

25 .And that my -- my.judgment and sentence was

Page 26

5.

. 1 deemed .final until it was a signed. order -- on

0 2 that order. .

3 I couldn't unders.tand why no one seemed.to --

4 to d·o the right thi·ng, according to the law. And

5 I spent every waking hour trying to figure out

6. how I was in prison.illegally and nobody .wanted

7 to ·try to help me.

8 Now, I sent multiple. 3.850s in and when I

9 found out that Mr. Mahigha (phonetic spelling),.

10 the same prosecutor that.prosecuted me during

11 that time had moved to the post-conviction

12 section of .the state attorney's office every

13 motion that I sent in came back denied with all

14 the va·lid information of the rules of court. And

IS everyth.ing was denied because of. that reason. I

16 had ineffective assistance during th.e time I had

17 my appeals in.

18 Nobody seemed to look at the issues that my

19 case was illegal. The jurisdiction was not

20 available to the Court at the time that I was

21 sentenced. And I was.sentenced under those time.

22 And it was wrong. And no one seemed to want to

2 correct the issue. And I was just -- I was

24 baffled. And I just couldn't understand it, sir.

25 And I was -- I was troubled all these years.

Page265

6

1 It's been over a term of eight years that I've .

2 been dealing with this. I've been trying to

3 understand. am I wrong? Am I.understanding the

4 law not to be .correct? Am I reading this

. 5 incorrectly in the bo.ok?. I·s the bo-ok telling me

6 that -- that actually my motion to withdraw my

7 plea stops retention of my final judgment and

8 sentence and it wasn't rendered until December

9 ·the 8 , a whole year later? Was I.wrong to

10 understand that, .Your Honor? I mean, if I am

11 please tell me I was wrong so I don't feel so ba·d

12 now. I mean that's what was in that -- that's

13 what the book said. The Florida Rules of .Court

14 said that my redention (sic), my sentence did not

15 start until Judge Steinbeck signed that order and

16 filed it with the clerk December the.3", 2008.

17 That's when my -- my. community control and

18 probation started. And at the time I was never

19 on probation wh.en he sentenced me on a violation

20 that I never was on.

21 He sentenced me to five years in prison and

22 five years on probation on a spli.t sentence and

23 it w.as just -- it was just baffling to me. And

24 after all that time that wa.s argued no one seemed

25 to want to understand what the rules said. What

Page26E

7

1 the a;ctual law specifically said.

2 And, sir, if I'm wrong I'm wrong, but the

3 book said I wasn't.

4 .. THE COURT.;. Añything el.se? ..

5 THE DEFENDANT:.- No, sir.

6 THE COURT: Does the State have anyt.hing?

7 . MS.:GEORGE: Yes, Your Honor. Just briefly.

8 I'm not going to respond a whole lot to Mr.

9 Jones in that it's already been litigated, that

10 issue. . .

11 One thing I will respond to is what he said

12 about doing the right thing, that why won't

13 anybody do the right thing. Mr. �042 Jones has not

14 taken any responsibility for what he keeps doing,

15 which is not the right thing. He was on

16 probation for four counts of -- basically two

17 counts of grand theft and two counts of deposit

18 check with inte.nt to defraud.

19 In 2009 he violated that again by committing

20 theft. He was sentenced to five years in prison

21 followed by five years .of probation.

22 And Your Honor has a copy of the score sheet.

23 His record speaks for itself. He has seven

24 counts of uttering a 'forged instrument. He has

25 seven counts of fraudulent use of a credit card.

Page 267

I

8

1 He has three counts of grand theft 300.to 5,000.

2 He has one count of grand theft over 20,000. He

3 has three counts of worthless check -- felony

4 worthless checks., He has two coun..ts of burglary

5 of a structure, one count of trafficking in

6 stolen propert.y and two counts of defrauding a

7 financial institution, one count of mis.demeanor

8 checks and drafts,. as well. His record indicates

9 that he will not do the -right thing. And if he

10 is out of custody the on.ly thìng that. he will do

11 is commit crimes..

12 He's proven that the only time that he has

13 not committed crimes is when he was incarcerated

14 for the five years at the Department of

15 Corrections. So. the State would-ask that Your

16 .Honor take that into consideration and realize

-17 that when ·he's out even on probation or

18 community contiol that he will be.committing

19 further crimes. He has a.pending charge in

20 Sarasota County .right no.w. Your Honor heard

21 testimony of those two victims. And he is also

22 being investigated for other crimes regarding --

23 in the Sarasota area.

24 MR. GILLIS: Your Honor, I'd like to make

25 brief argument.

Page268

9

1 THE COURT:· Go ahead.

2 MR. GILLIS: Initially when he was .sentenced

3 on this case and entered his plea -- .before

�042 4 withdrawal of.the plea..he was .senten.ced to one

year of community control.fällowed by three years ··

6 of prob.ation. After that point there was the .

7 motion to withdraw and the subsequent violation

8 of probatioh. We've made our argument as to

9 whether or not we believe that sentence was

10 legal. However, when he was sentenced on that

11 initial violation, on February 9", 2009, h.e was

12 given five years prison follo.wed by five years'

13 probation on the same counts that he was given

14 four years of community -- community sanctions

15 for.

16 He has served that five years and served the

17 legal maximum on Counts I and II. I'd just like

18 Your Honor to take into account the fact.that he

19 has done five years prison.p.lus a long period of

20 jail time on this and he only scores a total of

21 30.2 months. What. we're asking the Court to do

22 is to sentence him to the legal minimum in this

23 ca·se, giving him .credit for the 274 days that he

. 24 served in jail. And if Your Honor so chooses we

25 could ask you to give him credit for Counts I and

Page26

10

1 II, which he' s se.rved five years on.

2 MS. GEORGE: Your Honor, the State would

3 object to the Court has authority to give him

4 credit on .--- from Counts.-- I and II. As defense

5 counsel already said, those counts are -- those-

6 counts are already stopped. The Court doesn't

7 . even have jurisdiction on those two counts right

8 now. We are here only for III and IV.

9 THE COURT: III and IV. Okay.

10 MR. GILLIS: May I have one second, Your

11 Honor?

12 Mr. Jones is indicating to me that the crimes

13 that were previously listed, that all of them

14 have not resulted in convictions. I --.I've seen

15 the score sheet in this case and I just would

16 like Your Honor to review it prior to sentence.

17 �042 THE COURT: no".ttle twb remainincJ dounts it

18 gonna be the sentence of this Court that he. be

19 Éo.nfined in the Florida Departme&Wf .Correctiopisä.

20 çfor a period of 120 months .witihwgggfi4§àAieesj

21 t.served of 90. days in ..tha.. county jail.,. pl.us

. 22 thntever .prior credit f.or time served he hasd

23 preceived from the. Department of Corrections.?

24 I only have 90 days.

25 MS. GEORGE: . Your Honor, that' s 60 on Count

Page 270

11

1 III followed by 60 on Count IV, they' re third

2 degree felonies.

3 THE COURT: Okay. 60 and -- okay, 60 and 60.

4 MR. GILLIS,: Your Honor, I .provided you .a

5 copy of the transcript from February 9 , 2009,

6 . violation of probation. �042 There is a long period . .

7 of time where Judge Steinbeck and Ms. Pace --

8 THE COURT: The clerk is directed t.o impose

9 - all mihimum mandatory fines and costs. 60 plus

10 60, 120.

11 . MR. GILLIS: Your Honor, I believe he has 274

12 days plus the other 60. I provided you with the

13 transcript where Judge Steinbeck says he should

14 be given th.at 274 days in future violations.

15 THE COURT: *Ve dode what .I'.vé done. 90J

16 iclays Lee Coünty Jail, lAsn@AteyM t meahemilâV

17 prior in the Department of Corrections.t.

18 MS. GEORGE: For Counts III and IV?

19· THE COURT: For I.II and IV, 60 and 60.

20 ( End of recording. )

21

22

23

9 24

25

Page 271

12

1 STATE OF FLORIDA

2 TWENTIETH JUDIÓIAL CIRCUIT

3

4 1..,. Brandi F. Berto.n.i, do hereby certify that:

5 The foregoing pages numbéred 1-11 contain a full·

6 transcript of.the proceedings in the.matter described

7 in the caption on Page 1 hereof transcribed by me to

8 the best of.my knowledge -and ability from the

9 electronic recórdin-g provided by the court.

10 I am not counsel for, related to, or employed by

11 any of the parties in the above-entitled cause.

12 I am not financially or otherwise.interested in

13 the outcome of this case..

14 I am an approved transcriber for the Twentieth

15 Judicial Circuit Court.

16 ....

17

18 Brandi F. Bertoni

19

20

21

23.

25

Page 27

7/22/2013 Filed Lee County Clerk Of Court- Criminal Division, ' , 'RULE 3.992(a) CRIMINAL PUNISHMENT CODE SCORESHEET

The Crinnnal Punishment Code Scoresheet Preparation Manual is available at·http://ww.dc.state.fl.us/pub/sen_cpm/index.html

1.SENT. DATE 2.PREP'S NAME SAO 3.COUNTY |4.SENTENCING JUDGE. O CONKLIN LEE VOLZ

5.NAME (LAST,FIRST,MID,SUF) |6. DOB 8.RACE |10.PRI. OFF. DATE | 12..10NES, REGINALD, |03/04/1953 BLACK 04/29/2005TIM0EY,

- | PLEA· 13.UNIFORM DOCKET # 7.DC # 9.GENDE ,11.PRINARY DO #

032389 |MALE |0518068

PRIMARY OFFENSE:If Qual., check _....A ._...S .._...C .._.R (A=Att , S=Solic, C=Consp, R=Recls)FELONY F.56# DESCRIPTION OFFENSE POINTSDEGREE LEVEL3RD DEG 812.014(2)(C)1 GRAND THEFT,300 L/5,000 02(Level - Points: 1=4,2=10,3=16,4=22,5=28,6=36,7=56,8=74,9=92,10=116)Prior capital felony triples Primary Offense points - NO I. 10.0II. ADDITIDNAL OFFENSE(S): Supplemental page attached - NODocket# FEL/MM F.S.# 0FFENSE QUALIFY COUNTS POINTS TOTAL

DEGREE LEVEL A 5 C R0518068 3RD DEG 832.05(3) · 02 003 X 1.2 = 3.6DESCRIPTION: DEP.CHECK W/INT DEFRAUD UC#:(Level-Points:N=0.2,1=0.7,2=1.2,3=2.4,4=3.6,5=5.4,6=18,7=28,8=37,9=46,10=58)Prior capital felony triples Add. Off. points - NO Suppl. page points 0.0 f(, .

III. VICTIN IN3URYNumber Total Number Total

2nd Deg. Murder 240 X 0.0 = 0.0 Slight 4 X 0.0 = 0.0Death 120 X 0.0 = 0.0 Sex.Penet. 80 X 0.0 = 0.0Severe 40 X 0.0 = 0.0 Sex cont. 40 X 0.0 = 0.0Moderate 18 X 0.0 = 0.0

IV. PRIOR RECORD: Supplemental page attached - YESFEL/MM F.S.# OFFENSE QUAL DESCRIPTION NBR PTS TOTALDEGREE LEVEL ASCR3RD DEG 831.01 02 FORGERY/UTTERING 007 x 0.8 = 5.63RD DEG 817.61 02 FRAUD-CREDIT-CARD 007 X 0.8 = 5.63RD DEG 812.014(2)(C)1 02 GRAND THEFT,300 L/5 003 X 0.8 = 2.4IST DEG 812.014(2)(B)1 06 GRAND THEFT 0/20,00 001 X 9.0 = 9.03RD DEG 832 01 WORTHLESS CHECKS 003 X 0.5 = 1.53RD DEG 810.02(4) 04 BURGUNOCCSTRUC/CV 0 002 X 2.4 = 4.82ND DEG 812.019(1) 05 TRAFFIC IN STOLEN P 001 X 3.6 - 3.6(Lev-Pnts: M=0.2,1--0.5,2=0.8,3=1.6,4=2.4, 5=3.6,6=9,7=14, 8=19,9=23,10=29) · gg.

Supplemental page points: . 10.2 . .3 ,,IV. 42.7 c..... ni=

Page 1 Subtotal: 56.3Effective Date: For offenses committed under the Criminal Punishment Code Neffective for offenses committed on or after October 1, 1998, and subsequentrevisions.

. .s- s

19

Pace 125

|NAME (LAST,FIRST,MI) |DOCKET #ONES, REGINALD' |0518068

V. Legal Status violation = 4 Points- Escape ...... Failure to appear ..... Fleeing _ Supersedeas bond.._. Incarceration _ Pretrial Intervention or diversion Program .- Court Imposed or post prison release community supervision

resulting in a convictionVI. Community Sanction violation before the court for sentencing VI.

X Probation X Community Control _ Pretrial Intervention or diversion- 6 points for any violation other than new felony conviction x

_ each successive violation ORNew felony coRViction = 12 points x __ each successive

violation if new offense results in conviction before or at thesame time as sentence for violation of probation .OR

- 12 Points X _ each successive violation for a violentfelony offender of special concern when the violation is notbased solely on failure to pay costs, restitution OR

- New felony conviction = 24 points x ...._ each successive violationfor a violent felony offender of special concern if newoffense results in a conviction before or at the same forviolation of probation

VII. Firearm/Semi-Automatic or Nachine Gun = 18 or 25 points VIIVIII. Prior Serious Felony = 30 Points yIII

Subtotal Sentence PointsIX. Enhancements (only if the primary offense qualifies for enhancement)

56.30.0

12.0

0..0

6 .

Law Enf. Protect | Drug | Notor Vehicle | Criminal Gang | Domestic || Trafficker Theft | Offense I violence in |

1 Ithe Presence |of a

|Related Child

Enhanced Subtotal Sentence Points IX. 0.0TOTAL SENTENCE POINTS 68.3

Effective Date: For offenses committed under the Criminal Punishment Codeeffective for offenses committed on or after October 1, 1998, and subsequentrevisions.

20

poem 1 A

a

SElffENCE COMPUTATION

.. senten s non ta e pn on suctlan t4,. the lowest pers ssiblepoinM Of less, see Section ??5 082(10), Flonda Sta teCourt must $entMce the offender to a non-state r

p 5D11 sanct10n.

If oral sentence points ar

.tota sentence points 5 = X .75 = 30lowest peranssibl.e pnson

If total sentence nts are 60 setence in morùs

W sentelice| . Iri yer$ .

TorAL SENTMCE MPoS

te P .on tife h oays

Plea

JUDGE'S SIGATURE

E e a ffe es c red on a e o her a d

2 1

Defendant Jones, Reginald Timothy

Case Number 05-CFØ18068 OBTS Number 3602028936

do ed a d d re d sve the efe d 1to Wons, the Shenff of Lee County, Flor:da, is herepartrhent together with a copy of this judgment and s n er ty designs by the

day a hi d t w s advised of the nght to appeal from this sentence by fitappeal at the expense of the state on howl of end e endant's nght tú the assistänce e in k

in imposing the above sentence, the court further recommends

aboVCammunity Control Revoked

The Clerk of Còurt Will Dasburse Moniet Pald pêr Florida law

COlWMÉNTS

Not Apphcable

DONE AND ORDERED in open court in Lee County, Flonda, this 22nd day of July, 2013

Judge Edward J Voli Jr

Page 7 of 8

INSTR # 2013000171190 Page Number: 4 of 9

Filed Lee County Clerk of Courts-Criminal

Defendant: Jones, Reginaid Timothy Case Number: 05-CF-018068 OBTS Number: 3602028936

SPECIAL PROVISIONS

(As to Count 3)

By appropriate notation, the following provisions apply to the Sentence imposed:

Mandatory/Minimum Provisions:

Not Applicable

Other Provisions:

Not Applicable

CREDIT FOR TIME SERVED IN RESENTENCING AFTER VIOl.ATION OF PROBATION OR COMMUN11Y CONTROL

Ø It is further ordered that the defendant be allowed 90 Day(s) time served between date of arrest as a violator followingrelease from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit andshall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count 05-CF-018068/3 (Offenses committed on or after January 1, 1994).

Consecutive/Concurrent as to Other Counts

Ø it is further ordered that the sentence imposed for this count shall run Consecutive with the sentence set forth in count(s)3,4 of this case.

Consecutive/Concurrent as to Other Convictions

Not Applicable

Page 4 of 8

Paae 137

INSTR # 2013000171190 Page Number: 6 of 9

Filed Lee County Clerk of Courts-Criminal

Defendant: Jones, Reginald Timothy Case Number: 05-CF-018068 OBTS Number: 3602028936

SPECIAL PROVISIONS

(As to Count 4)

By appropriate notation, the following provisions apply to the Sentence imposed:

Mandatory/Minimum Provisions:

Not Applicable

Other Provisions: �042

Not Applicable �042

CREDIT FOR TIME SERVED IN RESENTENCING AFTER VIOLATION OF PROBATION OR COMMUNITY CONTROL

Ø it is further ordered that the defendant be allowed 90 Day(s) time served between date of arrest as a violator followingrelease from prison to the date of resentencing. The Department of Corrections shall apply original Jail time credit andshall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count 05-CF-018068/4 (Offenses committed on or after January 1, 1994).

Consecutive/Concurrent as to Other Counts

B lt is er ordered that the sentence imposed for this count shall run Consecutive with the sentence set forth in count(s)

Consecutive/Concurrent as to Other Convictions

Not Applicable

Page 6 of 8

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