DAVID SHEPHERD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-11-01
No. 95-905
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
661 So. 2d 426 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon Ms guilty plea, the trial court adjudicated the defendant guilty of robbery with a firearm. Because the sentence included the three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1998), it was error, as the state concedes, for the guidelines scoresheet to include an 18 point addition for “possession of a firearm.” Section 921.0014, Florida Statutes (1993) specifically provides that the additional sentence points for carrying a firearm may be imposed only for felonies “other than those enumerated in s. 775.087(2).” Accordingly, the sentence is vacated and the cause remanded for resentencing upon a properly calculated scoresheet wMch shall not include the points in question.

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  • Abdullah Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996)
    …(2), Florida Statutes (1993), it was error for the guidelines scoresheet to include an additional eighteen points for possession of a firearm. See § 921.0014, Fla. Stat. (1993); Dacosta v. State, 672 So. 2d 861 (Fla. 3d DCA 1996); Shepherd v. State, 661 So. 2d 426 (Fla. 3d DCA 1995). This error results in a difference in the permissive sentencing range. Although appellant’s twelve-year sentence falls within the permissive range of a properly calculated scoresheet, we are unable to conclude that appellant’s…
  • Dacosta v. State, 672 So. 2d 861 (Fla. 3d DCA 1996)
    …PER CURIAM. The convictions below are affirmed. See State v. Anderson, 537 So. 2d 1373 (Fla.1989). As in Shepherd v. State, 661 So. 2d 426, 426-27 (Fla. 3d DCA 1995), however: Because the sentence included the three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1993), it was error, as the state concedes, for the guidelines scoresheet to include an…

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