Smith v. State
Smith v. State
Opinion of the Court
Rufus E. Smith challenges his sentences imposed after a violation of community control on the underlying charges of carrying a concealed firearm and possession of a firearm by a convicted felon. He correctly contends that it is error for the trial court to assess eighteen additional sentencing points for possessing a firearm where carrying a concealed firearm and possession of a firearm by a convicted felon were the underlying crimes. See White v. State, 714 So.2d 440 (Fla. 1998). The State concedes error.
Accordingly, we reverse and remand for resentencing with a corrected scoresheet. Additionally, we direct the trial court to enter an order specifying the conditions of community control that Smith violated.
Reversed and remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.