Guild

Old Maryland Sentencing Guidelines Manual - Appendix E
Sample Case 1: Offense Against a Person - Single Convicted Offense
Sample Case 2: Drug Offense - Single Convicted Offense
Sample Case 3: Property Offense - Single Convicted Offense
Sample Case 4: Multiple Offenses - Single Criminal Event
Sample Case 5: Offenses Against a Person Multiple Offenses from Categories I and II - Single Criminal Event
Sample Case 6: Multiple Offenses - Multiple Criminal Events
Sample Case 7: Multiple Offenses from Single and Multiple Criminal Events
Sample Case 8: Mandatory Minimum Sentence
 
 
 

Sample Case 1
Offense Against A Person - Single Convicted Offense

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT:		  
00000001
02/25/66
01/08/87
Male
Plea Agreement/Non-Binding Recommendation of State's Attorney
White
Montgomery County
09/27/86
Robbery with a Deadly Weapon 27/488
 

Offense Description:

On 09/27/86, police were summoned to a convenience store for a report of an armed robbery. The cashier reported that two white males had entered the store and that one of the men was armed with a sawed-off shotgun. The cashier and a clerk were instructed to lie on the floor as one of the men removed money from the cash register. The subjects fled in a car and, based on a witness's description of the vehicle, were apprehended by another unit a short time later. The defendant was identified by the cashier as the man with the shotgun. Defendant pled guilty to Robbery with a Deadly Weapon on 01/08/87.
 

Offender's Prior Record:

JUVENILE:
No juvenile record was found for the name and birthdate provided.
ADULT:
Date Offense Disposition
08/01/84 Possession of Marijuana Fine $100.00; Court Costs.
06/10/85 Unemployment Insurance Fraud 6 months suspended; 2 years probation; restitution.
 
The offender was still under supervision at the time of the instant offense.
 
 

Computation of Offense and Offender Scores
Robbery with a Deadly Weapon 27/488

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Robbery with a Deadly Weapon is a Category III Offense.

 5 points
B. Victim Injury

No injury

 0 points
C. Weapon Use

A firearm (sawed-off shotgun) was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 7 points
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

Was on probation for Unemployment Compensation Fraud

 1 point
B. Juvenile Delinquency

No record found

 0 points
C. Prior Adult Criminal Record

Step I
Possession of Marijuana-Seriousness Category VII
Unemployment Insurance Fraud-Seriousness Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 0
VI 0
VII 2

Step II
Since the offender's most serious prior convictions were in Category VII, refer to the block in Appendix Table B.1 which indicates two Seriousness Category VII convictions. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 2 points
 
Guidelines Range:

An examination, of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 7 and an Offender Score of 2 is 5Y-10Y.

 
 

Sample Case 2
Drug Offense - Single Convicted Offense

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT:		  
00000002
11/10/58
06/30/86
Female
Charge Bargain
White
Montgomery County
03/07/86
Possession with Intent to Distribute Marijuana 27/286(b)(3)
 

Offense Description:

On 03/07/86, police serving a search warrant at defendant's home found one plastic bag of marijuana, a glass jar of marijuana seeds and a scale in the living room; six bags of marijuana in the master bedroom; and a green can, labeled "one oz. of grass," which contained marijuana seeds in another bedroom. The subject was arrested and eventually charged with Possession with Intent to Distribute Marijuana and simple Possession. On 06/30/86, the defendant pled guilty to one count of Possession with Intent to Distribute.
 

Offender's Prior Record:

JUVENILE:
None known
ADULT:
None known
 
The offender was still under supervision at the time of the instant offense.
 
 

Computation of Offense and Offender Scores
Possession with Intent to Distribute Marijuana 27/286(b)(3)

Offense Score:

There is no offense score for drug offenses.
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

None.

 0 points
B. Juvenile Delinquency

Defendant was over 26 years of age when the instant offense was committed.

 0 points
C. Prior Adult Criminal Record

No record found.

 0 points
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 0 points
 
Guidelines Range:

An examination of Appendix Table C.2a or C.2b shows that the guideline sentence for Possession with intent to Distribute Marijuana (Seriousness Category IV) by a person with an Offender Score of 0 is P-12M.

 
 

Sample Case 3
Property Offense - Single Convicted Offense

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT:		  
00000003
12/27/66
08/13/86
Male
Plea/Agreed Statement of Facts
Black
Montgomery County
01/17/86
Theft $300.00 or more 27/342(f)(1)
 

Offense Description:

On 01/17/86, defendant was observed by a security officer in a department of a large suburban store removing seven blazers, three pairs of pants, seven skirts, and one shirt (total value - $1,153.89). After placing the merchandise in four bags, defendant left the department, passed many cash registers without paying, went down the escalator, and was arrested as he paused to buy shopping bags. On 08/13/86, the defendant pled guilty to one count of Theft $300.00 or more.
 

Offender's Prior Record:

JUVENILE:
Date Offense Disposition
06/26/80 Shoplifting Delinquent; 1 year probation
12/11/80 Larceny Delinquent; probation continued
06/10/81 Unauthorized Use Delinquent; Greenridge Forestry Camp for 6 months
ADULT:
Date Offense Disposition
02/06/85 Petty Larceny - Violation of Bail Reform Act Unknown
04/09/85 Theft 2 years probation. (D.C.)
 
Since 08/13/86, the subject has been in the Prince George's County Detention Center. He is still on probation in the District of Columbia where in June, 1986 his probation officer took him to court for a show-cause hearing because of his unsatisfactory adjustment.
 
 

Computation of Offense and Offender Scores
Theft $300.00 or More 27/342(f)

Offense Score:

There is no offense score for property offenses.
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

Was on probation for Theft.

 1 point
B. Juvenile Delinquency

Three findings of delinquency with one commitment.

 1 point
C. Prior Adult Criminal Record

Step I
Theft - Seriousness Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 0
VI 0
VII 1

NOTE: In this case, the prior Theft must be assumed to be under $300.00 since the amount is not known. The Petty Larceny (02/06/85) was not counted since the disposition is unknown.

Step II
Since the offender's most serious prior convictions were in Category VII, refer to the block in Appendix Table B.1 which indicates two Seriousness Category VII convictions. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 3 points
 
Guidelines Range:

An examination of Appendix Table C.3a or C.3b shows that the guidelines sentence range for Theft $300.00 or more (Seriousness Category V) committed by a person with an Offender Score of 3 is 1Y-3Y.

 
 

Sample Case 4
Multiple Counts - Single Criminal Event

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT:		  
00000004
01/26/65
06/18/86
Male
Jury Trial
Black
Baltimore City
12/03/85
Robbery with a Deadly Weapon 27/488
Use of a Handgun in the Commission of Crime 27/36B(d)
Possession of Marijuana 27/287
 

Offense Description:

On 12/03/85, the victim and a friend had left a restaurant and were walking toward their car when they were approached by a lone, black male. The defendant grabbed the victim and pushed him against a car. After producing a small handgun, he demanded and received the victim's wallet. The defendant then fled on foot. A few minutes later, the victim's friend observed a passing patrol car and yelled for help. During a search of the surrounding area, the victim identified a man walking across a vacant lot as his assailant. As the patrol car approached, the defendant threw an object and began to run. The defendant was apprehended by another police unit circling the area, at which time a small glassine bag containing marijuana was found on his person. A search for the thrown object produced a 25 caliber automatic pistol. The victim was subsequently transported to a nearby hospital where he received treatment for a sprained wrist. On 06/18/82, a jury found the defendant guilty of Robbery with a Deadly Weapon, Use of a Handgun in the Commission of a Felony, and Possession of Marijuana.
 

Offender's Prior Record:

JUVENILE:
Date Offense Disposition
10/03/81 Malicious Destruction Delinquent, 18 months probation.
11/20/82 Assault Delinquent; probation continued.
ADULT:
Date Offense Disposition
10/05/83 Theft under $300.00 18 months suspended; 3 years probation.
 
Offender was placed on three years adult probation in 1983 for Theft under $300.00 and was under supervision at the time he committed the instant offense.
 
 

Computation of Offense and Offender Scores
Robbery with a Deadly Weapon 27/488

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Robbery with a Deadly Weapon is a Category III Offense.

 5 points
B. Victim Injury

Victim suffered a sprained wrist.

 1 point
C. Weapon Use

A handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 8 points
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

Offender was on probation for Theft under $300.00 at the time he committed the instant offenses.

 1 point
B. Juvenile Delinquency

Offender has been found delinquent twice, once for Malicious Destruction and once for Assault.

 1 point
C. Prior Adult Criminal Record

Step I
Theft under $300.00 - Seriousness Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 0
VI 0
VII 1

NOTE: In this case, the prior Theft must be assumed to be under $300.00 since the amount is not known. The Petty Larceny (02/06/85) was not counted since the disposition is unknown.

Step II
Since the offender's most serious prior convictions were in Category VII, refer to the block in Appendix Table B.1 which indicates two Seriousness Category VII convictions. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 3 points
 
Guidelines Range for the Robbery with a Deadly Weapon:

An examination of Appendix Table C. la or C. lb shows the recommended range for an Offense Score of 8 and an Offender Score of 3 is 7Y-13Y.

 
 

Computation of Offense and Offender Scores
Use of a Handgun in the Commission of a Felony 27/36B(d)

Offense Score:

Since this offense is the same seriousness category as the Robbery with a Deadly Weapon and was part of the same criminal event, the Offense Score is the same, 8.
 

Offender Score:

The Offender Score is also the same as for the Robbery with a Deadly Weapon, 3.
 
Guidelines Range for Use of a Handgun in the Commission of a Felony:

Since the offense and Offender Scores are 8 and 3 respectively, the recommended guideline range for the handgun conviction is 7Y-13Y.

 
 

Computation of Offense and Offender Scores
Possession of Marijuana 27/286

Offense Score:

There is no Offense Score for drug offenses.
 

Offender Score:

The Offender Score is 3, the same as in the Robbery with a Deadly Weapon and Use of a Handgun in the Commission of A Felony.
 
Guidelines Range for the Possession of Marijuana:

An examination of Appendix Table C.2a or C.2b shows the recommended range for an Offender Score of 3 is P-1M.

 
 

Overall Guidelines Range for the Sentencing Event

Following the procedure as defined on Page 16 for determining the guidelines for multiple counts from same criminal event, the overall recommended range is the highest of the recommended ranges, i.e., 7Y-13Y.
 
Criminal Event Offense Guidelines Range
1 Robbery with a Deadly Weapon 7-13 years
1 Use of a Handgun in the Commission of a Felony 7-13 years
1 Possession of Marijuana P-1 month
OVERALL RANGE 7-13 Years
 
 

Sample Case 5
Offense Against A Person - Multiple Offenses From Categories I And II Single Criminal Event

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT(S):		  
00000005
10/04/63
09/10/86
Male
Jury Trial
White
Baltimore City
11/22/85
First Degree Rape 27/462
Assault with Intent to Murder 27/12
Kidnapping 27/337
Use of a Handgun in Commission of a Felony 27/36B(d)
 

Offense Description:

On 11/22/85, the victim was walking to her car on a shopping center parking lot when two men approached in a car. One of the men jumped out of the car, grabbed her and pushed her into the car. She was driven to a secluded area where she was raped by both men and shot. After managing to crawl to a road she was noticed by a passing motorist and taken to a nearby hospital. The victim suffered permanent damage to her right kidney. Using her description of the defendant and the license number of the car, police were able to arrest the defendant the following day. On 09/10/86, a jury found him guilty of First Degree Rape, Assault with Intent to Murder, Kidnapping and Use of a Handgun in the Commission of a Felony.
 

Offender's Prior Record:

JUVENILE:
Date Offense Disposition
07/10/74 Unauthorized Use Delinquent; 1 year probation
08/05/79 Shoplifting Delinquent; 1 year probation
08/26/80 Assault with Intent Rob Delinquent; Committed to Boys Village for 2 months.
ADULT:
Date Offense Disposition
05/20/82 Driving While Intoxicated 6 months
03/01/84 Assault 1 year suspended; 1 year probation
 
The offender had recently completed his probation for the Assault conviction (03/01/84).
 
 

Computation of Offense and Offender Scores
First Degree Rape 27/462

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, First Degree Rape is a Category I Offense.

 10 points
B. Victim Injury

Permanent injury resulting from gunshot wounds

 2 points
C. Weapon Use

Handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 14 points
 

Offender Score:

NOTE: The Offender Score will be same for each offense.
 
A. Relationship to CJS When Instant Offense Occurred

Defendant was not under any supervision at the time of the offense

 0 points
B. Juvenile Delinquency

Offender had 3 findings and 1 commitment

 1 point
C. Prior Adult Criminal Record

Step I
Assault - Category V
Driving While Intoxicated - Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 1
VI 0
VII 1

Step II
Since the offender's most serious prior conviction was in Seriousness Category V, refer to the block in Appendix Table B.1 which indicates one Seriousness Category V conviction. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 2 points
 
Guidelines Range for First Degree Rape:

An examination of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 14 and an Offender Score, of 2 is 28Y-L.

 
 

Computation of Offense and Offender Scores
Assault with Intent to Murder 27/12

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Assault with Intent to Murder is a Category III Offense.

 5 points
B. Victim Injury

Permanent injury resulting from gunshot wounds.

 2 points
C. Weapon Use

Handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 9 points
 

Offender Score:

The Offender Score is the same for all offenses at this sentencing event, 2.
 
Guidelines Range for Assault with Intent to Murder:

An examination of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 9 and an Offender Score of 2 is 8Y-15Y.

 
 

Computation of Offense and Offender Scores
Kidnapping 27/337

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Kidnapping is a Category II Offense.

 8 points
B. Victim Injury

Permanent injury resulting from gunshot wounds.

 2 points
C. Weapon Use

Handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 12 points
 

Offender Score:

The Offender Score is the same for all offenses at this sentencing event, 2.
 
Guidelines Range for Kidnapping:

An examination of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 12 and an Offender Score of 2 is 18Y-30Y.

 
 

Computation of Offense and Offender Scores
Use of a Handgun in the Commission of a Felony 27/36B(d)

NOTE: Because this is the fourth convicted offense, a separate worksheet must be used even though all offenses are from one criminal event.
 

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Handgun Used in the Commission of a Felony is a Category III Offense.

 5 points
B. Victim Injury

Permanent injury resulting from gunshot wounds.

 2 points
C. Weapon Use

Handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 9 points
 

Offender Score:

The Offender Score is the same for all offenses at this sentencing event, 2.
 
Guidelines Range for Handgun Violation:

An examination of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 9 and an Offender Score of 2 is 8Y-15Y.

 
 

Overall Guidelines Range for the Sentencing Event

Because two of the offenses in this criminal event were in either Seriousness Category I (First Degree Rape) or Seriousness Category I (Kidnapping), the overall recommended guideline range is determined by adding together the respective lower and upper limits of the ranges of each Category I or 11 conviction. Following this procedure, the overall recommended sentencing range would be 46 years (28 years plus 18 years) to Life plus 30 years (Life plus 30 years).
 
Criminal Event Offense Guidelines Range
1 Rape 28Y-Life
1 AWI Murder 8Y-15Y
1 Kidnapping 18Y-30Y
1 Use of Handgun 8Y-15Y
OVERALL RANGE 46Y-Life plus 30Y
 
 

Sample Case 6
Multiple Offenses - Multiple Criminal Events

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT(S):		  
00000006
01/10/64
01/05/86
Male
Binding Plea Agreement as to Sentence Maximum
White
Harford County
05/10/85; 05/25/85
Distribution of PCP 27/286
Assault with Intent to Murder 27/12
 

Offense Description:

On 05/10/85, as part of a narcotics investigation, two undercover policemen purchased from the defendant a 2-oz. vial of a liquid which was later identified as PCP. The defendant was arrested and released on $10,000.00 bond.

On 05/25/85, police responded to report of a shooting in a shopping center parking lot. Police were informed by the victim that he was talking about buying some "grass" with a man he had met in a bar. An argument ensued and the man pulled out a gun and shot the victim, hitting him in the right arm. The victim was treated in a hospital for a flesh wound and released. Based on the information provided by the victim and witnesses at the bar, a warrant was obtained and the defendant was arrested at his home.

On 01/05/86, the defendant pled guilty to one count of Distribution of PCP 27/286 and one count of Assault with Intent to Murder 27/12.

 

Offender's Prior Record:

JUVENILE:
Date Offense Disposition
03/23/80 Possession of Marijuana Delinquent; 1 year probation
ADULT:
Date Offense Disposition
09/12/82 Possession of Cocaine 4 years suspended
  Carrying a Handgun 1 year suspended; 2 years probation
 
Offender was placed on 2 years adult probation in 1982. He successfully completed his probationary period.
 
 

Computation of Offense and Offender Scores
Distribution of PCP 27/286

Offense Score:

There is no Offense Score for drug offenses.
 

Offender Score:

NOTE: The Offender Score used in computing guidelines for multiple criminal events is the same for each event. The highest score for any event at the time of this sentencing should be used throughout.
 
A. Relationship to CJS When Instant Offense Occurred

Offender was found delinquent for Possession of Marijuana

 0 points
B. Juvenile Delinquency

Offender had 3 findings and 1 commitment

 1 point
C. Prior Adult Criminal Record

Step I
Possession of Cocaine - Category V
Carrying Handgun - Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 1
VI 0
VII 1

Step II
Since the offender's most serious prior conviction was in Seriousness Category V, refer to the block in Appendix Table B.1 which indicates one Seriousness Category V conviction. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 1 point
 
Guidelines Range for Distribution of PCP:

An examination of Appendix Table C.2a or C.2b shows that the recommended range for Distribution of PCP with an Offender Score of I point is 1Y-3Y.

 
 

Computation of Offense and Offender Scores
Assault with Intent to Murder 27/12

NOTE: Even though there were only two convicted offenses at this sentencing, a second worksheet must be used because each convicted offense was part of a separate criminal event.
 

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Assault with Intent to Murder is a Category III Offense.

 5 points
B. Victim Injury

Victim was shot but not permanently injured.

 1 point
C. Weapon Use

A firearm was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 8 points
 

Offender Score:

The Offender Score is the same for all criminal events at this sentencing event, 1.
 
Guidelines Range for Assault with Intent to Murder:

An examination of Appendix Table C.1a or C.1b shows that the recommended range for an Offense Score of 8 and an Offender Score of 1 is 5Y-10Y.

 
 

Overall Guidelines Range for the Sentencing Event

The overall guideline range for the sentencing event according to the procedure defined on page would be to add the upper ranges and to add the lower ranges, resulting in a cumulative range of 6?13 years (I year plus 5 years and 3 years plus 10 years).
 
Criminal Event Offense Guidelines Range
1 Distribution of PCP 27/286 1-3 years
2 Assault with Intent to Murder 27/12 5-10 years
OVERALL RANGE 6-13 years
 
 

Sample Case 7
Multiple Offenses From Single And Multimple Criminal Events

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT(S):		  
00000007
06/10/68
02/20/86
Male
Binding Plea Agreement as to Actual Sentence
Black
Baltimore City
09/10/85; 12/09/85
Robbery with a Deadly Weapon 27/488
Robbery 27/486
Assault CL
 

Offense Description:

On 09/10/85, a 32-year old male, answering the door in his apartment, was confronted by a man wielding a revolver and demanding money. The victim relinquished his wallet, but the assailant forced the victim into the bedroom and tied 'his hands and feet with his own neckties. After ransacking the bedroom, the gunman left. As soon as he could free himself, the victim called police and reported the incident.

On 12/09/85, police responded to a call at an apartment house. Upon arriving, they were given custody of a man who, according to a security guard, had forced his way into a woman's apartment and tried to attack her. In questioning the victim, police learned that she had opened the door thinking her boyfriend had arrived, but a strange man had burst in. The victim stated that she was instructed to give him her money because he had a gun in his pocket and would use it. After handing over her purse, she was pushed into the bedroom and told to get undressed. She was resisting when her boyfriend appeared. As the boyfriend and the assailant struggled, she went to the phone and summoned security who helped to hold the defendant. A starter pistol was found in his pocket.

On 02/20/86, the defendant pled guilty to Robbery with a Deadly Weapon from the first event and Robbery and Assault from the second event.

 

Offender's Prior Record:

NOTE: The Offender Score used in computing guidelines for multiple criminal events is the same for each event. The highest score for any event at the time of this sentencing should be used throughout.
 
JUVENILE:
No juvenile record was found for the name and birth date provided.
ADULT:
Date Offense Disposition
11/30/85 Theft under $300 PBJ, 1 year probation
 
Offender is currently on probation.
 
 

Computation of Offense and Offender Scores
Robbery with a Deadly Weapon 27/488 - Criminal Event 1

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Robbery with a Deadly Weapon is a Category III Offense.

 5 points
B. Victim Injury

No injury

 0 points
C. Weapon Use

Handgun was used.

 2 points
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 7 points
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

The offender was on probation at the time of the second criminal event.

 1 point
B. Juvenile Delinquency

No record found

 0 points
C. Prior Adult Criminal Record

Step I
Theft under $300 - Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 0
IV 0
V 0
VI 0
VII 1

Step II
Since the only conviction is in Seriousness Category VII, refer to the block in Appendix Table B.1 which indicates one Seriousness Category VII conviction. This block identifies the record as "Minor".

Step III
An offender with a minor record receives 1 point

 1 point
D. Prior Adult Parole/Probation Violations

The offender does not get a point here because he had no violations except for the offenses of this sentencing, event. He has already been penalized in "A" for committing these offenses while under supervision.

 0 points
Total Offender Score 2 points
 
Guidelines Range for Robbery with a Deadly Weapon of Criminal Event 1:

An examination of Appendix Table C. la or C. lb shows that the recommended range or an Offense Score of 7 and an Offender Score of 2 is 5Y-9Y.

 
 

Computation of Offense and Offender Scores
Robbery 27/486 - Criminal Event 2

NOTE: A second worksheet must be used for this separate criminal event.
 

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Robbery is a Category IV Offense.

 3 points
B. Victim Injury

No injury.

 0 points
C. Weapon Use

A starter pistol was used; therefore, 1 point is givenfor a weapon other than a firearm.

 1 point
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 4 points
 

Offender Score:

The Offender Score is the same for all criminal events at this sentencing event, 2.
 
Guidelines Range for Robbery - Criminal Event 2:

An examination of Appendix Table C. la or C. lb shows that the recommended range for an Offense Score of 4 and an Offender Score of 2 is 1Y-5Y.

 
 

Computation of Offense and Offender Scores
Assault - Criminal Event 2

Offense Score:

A. Seriousness Category of Instant Offense

As shown in Appendix A, Assault is a Category V offense.

 1 point
B. Victim Injury

No injury.

 0 points
C. Weapon Use

A starter pistol was used; therefore, 1 point is givenfor a weapon other than a firearm.

 1 point
D. Special Vulnerability of Victim

Victim over 10 and under 60 years old and not mentally nor physically handicapped.

 0 points
Total Offense Score 2 points
 

Offender Score:

The Offender Score is the same for all offenses in this sentencing event, 2.
 
Guidelines Range for Assault - Criminal Event 2:

An examination of Appendix Table C.1a or C.1b shows that the recommended range for an Offense Score of 2 and an Offender Score is 2 is P-18M.

 
 

Overall Guidelines Range for the Sentencing Event

To determine the overall guideline range for the sentencing event, add the respective lower and upper limits of the guideline ranges for each criminal event. These ranges are the highest upper and highest lower ranges from each event. (See Sample Case 4 and the explanation on page 16.) The overall guideline range in this instance would be 3.5 years (3 years plus 6 months) to 12 years (8 years plus 4 years).
 
Criminal Event Offense Guidelines Range
1 Robbery with a Deadly Weapon 5-10 Years
2 Robbery 27/12 1-5 Years
2 Assault P-18 Months
OVERALL RANGE 6-15 Years
 
 

Sample Case 8
Mandatory Minimum Sentence

OFFENDER'S NAME:
DOCKET NO:
DATE OF BIRTH:
DATE OF PLEA/VERDICT:
SEX:
DISPOSITION TYPE:
RACE:
JURISDICTION:
DATE OF OFFENSE:
CONVICTED COUNT:		  
00000008
02/10/60
09/01/86
Male
Jury Trial
White
Prince George's County
07/19/86
Manufacture of PCP 27/286(b)(2)
 

Offense Description:

On 07/19/86, police, acting on a search warrant, conducted a search of the defendant's home. Police found a small lab and confiscated a number of chemical compounds and three 112 liter bottles of suspected PCP. Later chemical tests were positive for PCP. On 09/01/86, the jury found the defendant guilty of manufacture of PCP.
 

Offender's Prior Record:

JUVENILE:
Date Offense Disposition
12/28/75 Possession of Marijuana Delinquent; probation
07/05/76 Possession of LSD Delinquent; probation continued
ADULT:
Date Offense Disposition
01/06/80 Possession of LSD 6 months, all but 10 days suspended; 1 year probation
04/10/83 Daytime Housebreaking 6 months
07/20/84 Distribution of PCP
Carrying a Handgun		 5 years, 3 years suspended; 1 year concurrent
 
Offender is currently on probation.
 
 

Computation of Offense and Offender Scores
Manufacture of PCP

Offense Score:

There is no Offense Score for drug offenses.
 

Offender Score:

A. Relationship to CJS When Instant Offense Occurred

The offender was on probation at the time of the second criminal event.

 1 point
B. Juvenile Delinquency

Offender was over 25 years of age at the time of the instant offense.

 0 points
C. Prior Adult Criminal Record

Step I
Possession of LSD - Category V
Daytime Housebreaking - Category IV
Distribution of PCP - Category III
Carrying a Handgun - Category VII

The number of prior convictions according to Seriousness Category are:

Seriousness Category Number of Prior Convictions
I 0
II 0
III 1
IV 1
V 1
VI 0
VII 1

Step II
Since the most serious prior conviction is in Seriousness Category III, refer to the block in Appendix Table B.1 which indicates one Seriousness Category III conviction. This block identifies the record as "Major".

Step III
An offender with a major record receives 5 points

 5 points
D. Prior Adult Parole/Probation Violations

None.

 0 points
Total Offender Score 6 points
 
Guidelines Range:

An examination of Appendix Table C. la or C. lb shows that the recommended range for manufacture of PCP and an Offense Score of 6 is 7Y-14Y. Since the offender in this case is being sentenced pursuant to 286(b)(2) (previous PCP Distribution) which carries a 10-year mandatory minimum, the actual recommended range is 10-14 years, and 10 years is mandatory.

NOTE: If the offender was sentenced under 27/293 as a subsequent offender, the recommended Guidelines Range would be 14-28 years or double the usual Guidelines Range.

 
 
 
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