KENNETH MICHAEL ROSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Rose's convictions on seven charges but vacated the firearm-possession-during-felony conviction under section 790.07, finding resentencing unnecessary because the guidelines point total remained within the life sentence range.
The conviction for possession of a firearm during the commission of a felony under section 790.07 is vacated, but the remaining convictions and sentence are affirmed because removal of that conviction does not reduce the guidelines points below the life sentence threshold.
[1] Conviction for possession of a firearm during commission of a felony under section 790.07 is vacated when guidelines points remain within life sentence range even after r…
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Join FLexlaw to unlock all legal intelligenceKenneth Michael Rose was convicted on seven charges, including possession of a firearm during the commission of a felony. His guidelines point total w…
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ZEHMER, Judge.
Kenneth Michael Rose appeals his convictions on seven charges, including a charge of possession of a firearm during the commission of a felony pursuant to section 790.07, Florida Statutes (1985). We affirm as to the issue of prosecutorial misconduct. United States v. Goodwin, 457 U.S. 368, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982); Bor-denkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978). In light of Hall v. State, 517 So. 2d 678 (Fla.1988), Cara-wan v. State, 515 So. 2d 161 (Fla.1987), Burgess v. State, 524 So. 2d 1132 (Fla. 1st DCA 1988), and McKinnon v. State, 523 So. 2d 1238 (Fla. 1st DCA 1988), we reverse the conviction for possession, of a firearm during the commission of a felony.
Having reviewed the sentencing guidelines scoresheet to determine the impact of such reversal, we find that resentencing is unnecessary. Appellant’s guidelines point total is 392, calling for a life sentence. Removal of the conviction for possession of a firearm during the commission of a felony, which is a second degree felony, will reduce the point total to 389, still within the life sentence range. The conviction for possession of a firearm during the commission of a felony is VACATED with directions to the trial court to correct the judgment and sentence. The remaining convictions and the sentence are AFFIRMED.
SHIVERS and THOMPSON, JJ„ concur.
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…746 (Fla. 5th DCA 1988); Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988); Hartley v. State, 531 So. 2d 990 (Fla. 1st DCA 1988); Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988); Rose v. State, 530 So. 2d 401 (Fla. 1st DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); Middleton v. State, 529 So. 2d 357 (Fla. 1st DCA 1988), cause dismissed, 534 So. 2d 401 (Fla.1988); Payne v. State, 528 So. 2d 546 (Fla. 1st DCA 1988); Larry v. State, 527 So.…
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…d, 544 So. 2d 266 (Fla. 1st DCA 1989); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988), rev. denied, 541 So. 2d 1173 (Fla.1989); Hartley v. State, 531 So. 2d 990 (Fla. 1st DCA 1988); Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988); Rose v. State, 530 So. 2d 401 (Fla. 1st DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); Middleton v. State, 529 So. 2d 357 (Fla. 1st DCA 1988), cause dismissed, 534 So. 2d 401 (Fla.1988); Payne v. State, 528 So. 2d 546 (Fla. 1st DCA 1988); Larry v. State, 527 So.…
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Teemer v. State, 531 So. 2d 748 (Fla. 5th DCA 1988)…So. 2d 183 (Fla.1987); Neal v. State, 531 So. 2d 410 (Fla. 1st DCA 1988); Monsanto v. State, 530 So. 2d 952 (Fla. 3d DCA 1988); Hartley v. State, 531 So. 2d 990 (Fla. 1st DCA 1988); Hall v. State, 530 So. 2d 1066 (Fla. 1st DCA 1988); Rose v. State, 530 So. 2d 401 (Fla. 1st DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1987); Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988); Burgess v. State, 524 So. 2d 1132 (Fla. 1st DCA 1988); Taylor v. State, 391 So. 2d 788 (Fla. 1st DCA 1980), and Wright v.…
Authorities Cited
- Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- United States v. Goodwin, 457 U.S. 368 (U.S. 1982)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Webster F. McKINNON v. State, 523 So. 2d 1238 (Fla. 1st DCA 1988)
- Burgess v. State, 524 So. 2d 1132 (Fla. 1st DCA 1988)