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Florida District Courts of Appeal, 1998

Theodore v. State

Theodore v. State
Florida District Courts of Appeal · Decided December 18, 1998 · Antoon, Peterson, Sharp
722 So. 2d 271; 1998 Fla. App. LEXIS 15963; 1998 WL 879570 (Southern Reporter, Second Series)

Theodore v. State

Opinion of the Court

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).

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