Florida District Courts of Appeal, 1999

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided February 26, 1999 · Blue, Fulmer, Threadgill
728 So. 2d 325; 1999 Fla. App. LEXIS 2156; 1999 WL 95502 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

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.

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

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