CARTHARO LANE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARTHARO LANE, APPELLANT,
STATE OF FLORIDA, APPELLEE
722 So. 2d 288
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Appellant was convicted of aggravated assault with a deadly weapon (a shotgun), possession of a short barreled shotgun and improper exhibition of a firearm, and objected to the inclusion of eighteen points on the sentencing scoresheet for firearm possession. The state concedes that the inclusion of these points for firearm possession was error. White v. State, 714 So. 2d 440 (Fla.1998). A corrected scoresheet must be used.
CONVICTION AFFIRMED. SENTENCE REVERSED AND REMANDED FOR RE-SENTENCING.
COBB and PETERSON, JJ., and ORFINGER, M., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Espiet v. State, 797 So. 2d 598 (Fla. 5th DCA 2001)…re, that it was error to add points for the use of a firearm on the sentencing scoresheet when the three-year mandatory minimum was imposed. White v. State, 714 So. 2d 440 (Fla.1998); Val v. State, 741 So. 2d 1199 (Fla. 4th DCA 1999); Lane v. State, 722 So. 2d 288 (Fla. 5th DCA 1998).3 Since no other offense for which Espiet was found guilty involved the use of a firearm, the inclusion of the [*604] eighteen points cannot be justified by the other offenses. Accordingly, it was error to include the eighteen po…
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Gonzales v. State, 779 So. 2d 520 (Fla. 2d DCA 2000)…(Fla. 3d DCA 1999); Campbell v. State, 745 So. 2d 399 (Fla. 1st DCA 1999); Hyman v. State, 744 So. 2d 566 (Fla. 1st DCA 1999); Spioch v. State, 742 So. 2d 817 (Fla. 5th DCA 1999); Jimerson v. State, 724 So. 2d 170 (Fla. 4th DCA 1998); Lane v. State, 722 So. 2d 288 (Fla. 5th DCA 1998). If we were correct in ordering resentencing for such errors when they were not of constitutional dimension, with all due respect to the supreme court, it is difficult to understand why Mr. Gonzales is not entitled to be resenten…
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Ellis v. State, 855 So. 2d 101 (Fla. 2d DCA 2003)…The court noted that counts “ten, eleven, and twelve” were scored as level eight offenses when they should have been scored as level four offenses. Id. In reversing and remanding for resentencing on this issue, this court relied on Dorsey v. State, 722 So. 2d 288 (Fla. 5th DCA 1998). In Dorsey, the defendant argued that because the verdict form had not specified that he had been convicted under section 827.03(l)(a), his convictions should have been scored as level four offenses rather than level eight offens…
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- White v. State, 714 So. 2d 440 (Fla. 1998)