Carder v. State
Carder v. State
Opinion of the Court
Carder pled guilty to possession of a firearm by a convicted felon,
Carder timely appealed and moved for relinquishment of jurisdiction, since in the interim, White v. State, 714 So.2d 440 (Fla. 1998) had been released from the Florida Supreme Court. We granted the motion. Although the defense sought a reconsideration of the issue, the trial court did not alter the sentence during the period of relinquishment.
At this point in the appeal process, both the state and the defense question the propriety of assessing 25 points pursuant
This court has held that in light of White the assessment of 25 points pursuant to rule 3.702(12) for a possession charge is improper. Holmes v. State, 722 So.2d 240 (Fla. 5th DCA 1998). Since this case was in the “pipeline” at the time White was being decided, Carder is entitled to the benefit of its holding. Holmes; Robinson v. State, 704 So.2d 161, 162 (Fla. 2d DCA 1997). Accordingly, we rule that the scoresheet in this case should not have included the 25 points. Further, since all of the sentences were affected by this sentencing error, we vacate all of the sentences and remand for re-sentencing.
Sentences VACATED; REMANDED for re-sentencing.
. § 790.23, Fla. Slat.
. § 790.10, Fla. Slat.
. 322.34, Fla. Stat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.