Florida District Courts of Appeal, 1999

Michael v. State

Michael v. State
Florida District Courts of Appeal · Decided February 3, 1999 · Casanueva, Fulmer, Northcutt
727 So. 2d 996; 1999 Fla. App. LEXIS 868; 1999 WL 43342 (Southern Reporter, Second Series)

Michael v. State

Opinion of the Court

NORTHCUTT, Judge.

Daniel Sean Michael challenges his sentence for possession of a firearm by a convicted felon, contending that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the sole underlying crime is possession of a firearm by a convicted felon. We agree and reverse and remand for resentenc-ing.

The Florida Supreme Court in White v. State, 714 So.2d 440 (Fla. 1998), 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. The State concedes error. See Patterson v. State, 724 So.2d 640 (Fla. 2d DCA 1999).

Reversed and remanded for resentencing.

FULMER, A.C.J., and CASANUEVA, J., Concur.

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