RINEALL GREGORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded for resentencing because the trial court erroneously assessed 25 sentencing points for possession of a semiautomatic weapon unsupported by evidence, requiring resentencing within the corrected guidelines range.
The trial court erred in assessing 25 sentencing points for possession of a semiautomatic weapon where the evidence did not support that finding.
[1] When a trial court assesses sentencing guidelines points unsupported by evidence, reversal and remand for resentencing is required if the original sentence falls within t…
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Join FLexlaw to unlock all legal intelligenceRineall Gregory was convicted by jury of several criminal offenses and sentenced based on a sentencing guidelines scoresheet that included 25 points f…
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PER CURIAM.
The appellant, Rineall Gregory, challenges the sentence imposed following jury convictions for several criminal offenses. He argues that the trial court erred in assessing sentencing guidelines points for moderate victim injury and for possession of a semiautomatic weapon under Florida Rule of Criminal Procedure 3.702(d)(12).' We conclude, based on the evidence presented at trial, that the trial court did not abuse its discretion in finding that the injury to the victim was moderate rather than slight. We determine, however, that the evidence does not support the trial court’s finding that appellant possessed a semiautomatic weapon. We, therefore, strike the twenty-five sentencing points assessed on that basis.
Without the extra twenty-five points, appellant’s sentencing guidelines range is 38.7 to 64.5 months as opposed to 58.2 to 92 months. The trial court sentenced appellant to five years in prison, which is at the very bottom of the range on the erroneous score-sheet, but at the very top of the range on the corrected scoresheet. Because the record does not conclusively establish that the trial court would have imposed the same sentence had it had a correct scoresheet, we are compelled to reverse and remand for resentencing. Singleton v. State, 620 So. 2d 1038 (Fla. 2d DCA1993).
Reversed and remanded for resentencing.
ALTENBERND, A.C.J., and BLUE and LAZZARA, JJ., concur.