COREY RAY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in adding points for firearm possession to the sentencing scoresheet because robbery is an enumerated felony under the statute, and affirmed the conviction.
The appellant was convicted of robbery with a weapon. The trial court added eighteen points to his sentencing scoresheet for possession of a firearm.…
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PER CURIAM.
The appellant, Corey Ray Thomas, challenges the judgment and sentence imposed upon him after a jury found him 'guilty of robbery with a weapon, a first degree felony. We affirm the judgment but reverse the sentence.
We find no merit in appellant’s contention that there was reversible error regarding his conviction of robbery and, accordingly, affirm the judgment. The trial court, however, did err in sentencing appellant because eighteen points were erroneously added to the guidelines scoresheet point total for possession of a firearm.
Section 921.0014, Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.702 provide that eighteen points are assessed for possession of a firearm while committing or attempting to commit any felony other than those felonies enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one of the felonies enumerated in section 775.087(2) and, therefore, eighteen points may not be added to the scoresheet for possession of a firearm during the commission of the felony.1 See Palmer v. State, 667 So. 2d 1018 (Fla. 5th DCA 1996).
Since the eighteen points should not have been added to appellant’s scoresheet, we reverse the sentence and remand for recalculation of the scoresheet and resentencing.
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and LAZZARA, JJ., concur. . Wc also note that the appellant was not charged with and the state did not establish that he was in possession of a firearm.
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Gibson v. State, 713 So. 2d 1069 (Fla. 2d DCA 1998)…f armed robbery, attempted armed robbery, and grand theft. A guidelines scoresheet was calculated listing armed robbery as the primary offense. The scoresheet included eighteen points for possession of a firearm. This was error. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996); see also Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997). Section 921.0014, Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.702 provide that eighteen points are assessed for possession of a firearm while com…
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Reynoso v. State, 711 So. 2d 1239 (Fla. 2d DCA 1998)…of attempted murder in the first-degree with a firearm which is a felony that is enumerated in section 775.087(2). We agree that it was error to include twenty-five point's on Reynoso’s score-sheet pursuant to section 921.0014. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996). However, Reynoso is subject tó an enhanced mandatory minimum sentence' in accordance with section 775.087(2), because of the possession of the semi-automatic firearm. See State v. Leatherwood, 561 So. 2d 459 (Fla. 2d DCA 1990) (c…
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Gomez-Vicente v. State, 774 So. 2d 957 (Fla. 3d DCA 2001)…DCA 2000), review denied, No. SC00-652, 776 So. 2d 276 (Fla. Nov.3, 2000). On remand, the defendant’s guidelines scoresheet must also be corrected to delete the improper assessment of eighteen points for possession of a firearm. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996); § 921.004, Fla. Stat. (1997); Fla.R.Crim.P. 3.702(d)(12). Affirmed in part; reversed in part and remanded with directions.…
Authorities Cited
- Palmer v. State, 667 So. 2d 1018 (Fla. 5th DCA 1996)