Florida District Courts of Appeal, 2001

Frear v. State

Frear v. State
Florida District Courts of Appeal · Decided June 21, 2001 · Barfield, Kahn, Padovano
789 So. 2d 435; 2001 Fla. App. LEXIS 8405; 2001 WL 690474 (Southern Reporter, Second Series)

Frear v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying the appellant’s motion to vacate his conviction and sentence for possession of a firearm by a violent career criminal. The supreme court declared the underlying statute unconstitutional in State v. Thompson, 750 So.2d 643 (Fla. 1999), and the appellant has asserted a timely challenge to the validity of the statute. Because the invalid conviction for possession of a firearm by a violent career criminal was included in the computation of the sentencing guidelines, we must also reverse the sentences imposed on the remaining charges, with instructions to resentence the appellant for these charges based on a corrected score-sheet.

Reversed and remanded.

BARFIELD, C.J., KAHN and PADOVANO, JJ., CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.