JOE L. MOBLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the addition of eighteen points to a defendant's scoresheet for possession of a firearm is proper even when possession of a firearm is an essential element of the crime.
Appellant pleaded guilty to possession of a firearm by a convicted felon and reserved the right to appeal the scoring of eighteen additional points fo…
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CAMPBELL, Acting Chief Judge.
Appellant challenges the addition of eighteen points to his scoresheet for possession of a firearm since possession of a firearm was an essential element of appellant’s crime. We affirm.
Appellant entered a negotiated plea to, among other things, possession of a firearm by a convicted felon. When he entered his plea, appellant reserved the right to appeal the scoring of eighteen additional points on his seoresheet for possession of a firearm. On appeal, he maintains that eighteen months of his 37,5-month term are the result of those eighteen points.
Under Florida Rule of Criminal Procedure 3.703(d)(19), eighteen points are to be assessed when the defendant is convicted of any felony other than those enumerated in subsection 775.087(2) if the felony was committed while the defendant was in possession of a firearm. Since the offense to which appellant pled, possession of a firearm by a convicted felon, is not among the offenses enumerated, the court assessed the eighteen points. Appellant argues, however, that even though this offense was not among those enumerated, there is still another reason that the points should not be scored. It is his position that since possession of a firearm is an essential element of his offense, the addition of the eighteen points would be a violation of his right not to be subjected to double jeopardy.
Since this court rejected that argument and held in White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997), rev. granted, 696 So. 2d 343 (Fla.1997), that the scoring of the eighteen points is proper under Florida Rule of Criminal Procedure 3.703(d)(19), we affirm appellant’s 'sentence here. We also certify conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996), as was done in White.
FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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White v. State, 714 So. 2d 440 (Fla. 1998)…earm possession cases from its enhancement provisions. See, e.g., State v. Shiver, 700 So. 2d 780, 781 (Fla. 2d DCA 1997); State v. Vela, 700 So. 2d 779, 780 (Fla. 2d DCA 1997); State v. King, 700 So. 2d 781, 782 (Fla. 2d DCA 1997); Mobley v. State, 699 So. 2d 328, 329 (Fla. 2d DCA 1997); Smith v. State, 683 So. 2d 577, 579 (Fla. 5th DCA 1996), review dismissed, 691 So. 2d 1081 (Fla.1997); Gardner v. State, 661 So. 2d 1274, 1275 (Fla. 5th DCA 1995); cf. State v. Hanks, 700 So. 2d 779, 779 (Fla. 2d DCA 1997) (…
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Mobley v. State, 715 So. 2d 257 (Fla. 1998)…PER CURIAM. We have for review the decision in Mobley v. State, 699 So. 2d 328 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the opinion in Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996), concerning the issue of whether additional sentencing points for carrying or possessing a firearm dur…
Authorities Cited
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- Ozell McNABB v. State, 689 So. 2d 371 (Fla. 1st DCA 1997)
- White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997)