All Courts |
Federal Courts |
US Federal District Court Cases |
District Court of Appeal of Florida |
1998-12 |
-
PER CURIAM. Jason Theodore pled no contest to the charge of carrying a concealed firearm,
1 specifically reserving his right to appeal the trial court’s imposition of eighteen sentencing points for the firearm possession.2 We strike the eighteen sentencing points as error because additional points cannot be scored for the presence of a firearm when the only offense charged was possession of a firearm as an essential element. See White v. State, 714 So.2d 440 (Fla.1998).Judgment AFFIRMED; sentence VACATED; cause REMANDED.
W. SHARP, PETERSON and ANTOON, JJ., concur. . § 790.01(2), Fla. Slat. (1997).
. Fla. R.Crim. P. 3.702(12).
Document Info
Docket Number: No. 98-1012
Citation Numbers: 722 So. 2d 271
Judges: Antoon, Peterson, Sharp
Filed Date: 12/18/1998
Precedential Status: Precedential
Modified Date: 7/30/2022