GEORGE ANTHONY SCOTT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A trial court commits error when it assesses additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon, because the carrying or possession of the firearm is the essential element of the underlying offense.
[1] Sentencing points for possession of a firearm cannot be added to a defendant's sentencing score where the sole underlying crime is carrying a concealed weapon or possessi…
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Join FLexlaw to unlock all legal intelligence“it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon”
The Court's statement of the governing legal rule in this case and the recently decided White case.
Scott was convicted of carrying a concealed weapon or possession of a firearm by a convicted felon. The trial court assessed additional sentencing poi…
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PER CURIAM.
We have for review the decision in Scott v. State, 700 So. 2d 470 (Fla. 1st DCA 1997), which the district court certified to be in conflict with the opinions in State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997), and Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996), concerning the issue of whether additional sentencing points for carrying or possessing a firearm during the commission of a crime may be added to a defendant’s sentencing score where the defendant is convicted of carrying a concealed weapon or possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Recently, we resolved this conflict in White v. State, 714 So. 2d 440, 23 Fla. L. Weekly S 311 (Fla.1998), wherein we held that it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. In other words, we held that rule 3.702(d)(12) of the Florida Rules of Criminal Procedure and section 921.0014, Florida Statutes (1993), do not contemplate the addition of sentencing points for carrying or possessing a firearm where the carrying or possession of a firearm is the essential element of the underlying offense. In so holding, we approved the Fourth District’s opinion in Galloway.
Therefore, we quash the decision below in accordance with our opinion in White.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion.
WELLS, Justice,
dissenting.
I dissent for the reasons stated in my dissenting opinions in Asbell v. State, 715 So. 2d 258 (Fla.1998); and White v. State, 714 So. 2d 440, 23 Fla. L. Weekly S311 (Fla. 1998).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boykin v. State, 744 So. 2d 1205 (Fla. 1st DCA 1999)…urt’s recently released opinion holding that additional points for possession of a [*1206] firearm should not be assessed on a guidelines scoresheet when the defendant is convicted of possession of a firearm by a convicted felon. See Scott v. State, 717 So. 2d 521 (Fla.1998); King v. State, 715 So. 2d 256 (Fla.1998). Accordingly, we reverse appellant’s sentence and remand for resentencing in this case after appellant’s guidelines scoresheet has been corrected by the deletion of the erroneous 18 points. BOOT…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- Asbell v. State, 715 So. 2d 258 (Fla. 1998)
- State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997)
- Scott v. State, 700 So. 2d 470 (Fla. 1st DCA 1997)
- Doyle Williams v. State, 700 So. 2d 470 (Fla. 1st DCA 1997)