STATE OF FLORIDA, APPELLANT,
v.
JAMES E. SCOTT, APPELLEE
THOMPSON, Judge.
The state appeals the trial court’s failure to assess James E. Scott eighteen scoresheet points at sentencing. We reverse the sentence of probation and remand for resentencing.
Scott pleaded guilty to two counts of dealing in stolen property, grand theft of a firearm and grand theft. Eighteen points should have been added to the scoresheet for the conviction of grand theft of a firearm. See e.g., Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996); State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995); contra, Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996). The failure to do so resulted in a departure sentence of probation instead of incarceration.
REVERSED AND REMANDED for re-sentencing consistent with this opinion.
W. SHARP and GOSHORN, JJ., concur.
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Scott v. State, 718 So. 2d 751 (Fla. 1998)…PER CURIAM. We accepted jurisdiction to review State v. Scott, 692 So. 2d 234 (Fla. 5th DCA 1997), in order to resolve conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. During the sentencing proceedings here, the State urged the trial court to assess an…
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Coleman v. State, 702 So. 2d 307 (Fla. 5th DCA 1997)…titude, it is perhaps true the judge would sentence heavily if he violates the terms of his probation, so the point is not moot. The court has ruled on the point appealed in Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1995) and State v. Scott, 692 So. 2d 234 (Fla. 5th DCA 1997). The Second District Court of Appeal ruled similarly in White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997). The Fourth District Court of Appeal ruled differently in Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996) and the iss…
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Fisher v. State, 704 So. 2d 227 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED. See Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996); State v. Scott, 692 So. 2d 234 (Fla. 5th DCA), rev. granted, 698 So. 2d 840 (Fla.1997); White v. State, 689 So. 2d 371 (Fla. 2d DCA), rev. granted, 696 So. 2d 343 (Fla.1997). COBB, GOSHORN and PETERSON, JJ., concur.…
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- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995)
- Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996)