MICHAEL DACOSTA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL DACOSTA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
672 So. 2d 861
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 6 cases
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Opinion of the Court
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 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 which shall not include the points in question.
See Palmer v. State, 667 So. 2d 1018 (Fla. 5th DCA 1996).
Affirmed in part, vacated in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 691 So. 2d 1180 (Fla. 3d DCA 1997)…uring a single criminal episode, and by sentencing the defendant to a term of incarceration in excess of 15 years for the charge of attempted robbery with a firearm, a second degree felony. Palmer v. State, 438 So. 2d 1 (Fla.1983); Dacosta v. State, 672 So. 2d 861 (Fla. 3d DCA 1996); Allen v. State, 574 So. 2d 1219 (Fla. 3d DCA 1991). We affirm the convictions herein, reverse the defendant’s sentence and remand for re-sentencing. . Although surnames can sométimes indicate a heritage that qualifies, as a dis…
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Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001)…t that Carr committed suicide and was never prosecuted does not bar Ms. Bowen’s prosecution, but the State is obligated in her ease to prove, beyond a reasonable doubt, that Carr committed the [*51] offense alleged in each count. See Brown v. State, 672 So. 2d 861 (Fla. 3d DCA 1996); F.M. v. State, 622 So. 2d 71 (Fla. 2d DCA 1993). But see McKnight v. State, 658 N.E. 2d 559 (Ind.1995) (holding conviction for accessory after the fact to crime is precluded if principal is acquitted of crime after jury trial).…
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Abdullah Shabazz v. State, 674 So. 2d 920 (Fla. 4th DCA 1996)…-year mandatory minimum as required by section 775.087(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 s…
Authorities Cited
- State v. Anderson, 537 So. 2d 1373 (Fla. 1989)
- Palmer v. State, 667 So. 2d 1018 (Fla. 5th DCA 1996)
- Owens v. State, 661 So. 2d 426 (Fla. 5th DCA 1995)
- Shepherd v. State, 661 So. 2d 426 (Fla. 3d DCA 1995)