Florida District Courts of Appeal, 1999

Looney v. State

Looney v. State
Florida District Courts of Appeal · Decided February 26, 1999 · Blue, Fulmer, Threadgill
728 So. 2d 321; 1999 Fla. App. LEXIS 2161; 1999 WL 95031 (Southern Reporter, Second Series)

Looney v. State

Opinion of the Court

PER CURIAM.

Steven Looney challenges his sentence for carrying a concealed firearm. He correctly contends that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the underlying crime was carrying a concealed firearm. See White v. State, 714 So.2d 440 (Fla. 1998). The State concedes error but contends that it is harmless error because Looney’s sentence, with a corrected score-sheet, would be unchanged. Although we agree with the State that the sentence Looney is now serving would not change, the scoresheet error could affect a subsequent sentence should Looney violate his probation. Accordingly, we remand with instructions to the trial court to correct the scoresheet.

Sentence affirmed; remanded with instructions to correct the scoresheet.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.

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