Smith v. State
Smith v. State
Opinion of the Court
The appellant seeks review of the trial court’s order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant pled to and was convicted of possession of a firearm by a convicted felon, carrying a concealed weapon, and attempted burglary. In sentencing the appellant, the trial court added 25 points to the appellant’s sentencing guidelines scoresheet because the appellant allegedly possessed a semi-automatic firearm. Because the appellant has alleged a facially sufficient claim of a scoresheet error that is apparent on the face of the record, we reverse.
Extra points may not be added to a defendant’s sentencing guideline
We accordingly reverse and remand with instructions for the trial court to either attach record excerpts conclusively demonstrating that the appellant is not entitled to relief, or to resentence the appellant without adding the extra 25 points.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.