STATE OF FLORIDA, APPELLANT,
v.
JAMES ROBERT HANKS, APPELLEE
CAMPBELL, Judge.
The state appeals the trial court order striking eighteen points from appellee’s scoresheet for possession of a firearm pursuant to Florida Rule of Criminal Procedure 3.702(d)(1). Although we conclude that the eighteen points should not have been stricken under State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995), and White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997), review granted, 696 So. 2d 343 (Fla.1997), since the addition of the points does not affect appellee’s sentence, we affirm the order placing him on three years’ probation. We remand • this ease, however, with directions to the trial court to correct the scoresheet by adding the disputed eighteen points pursuant to our holding in Davidson, 666 So. 2d 941, and White, 689 So. 2d 371. Because it might become necessary to use the scoresheet in the future, it is important that it be correct, and therefore, the lack of effect on appellee’s present sentence does not render the error immaterial. We also certify conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996), as was done in White, 689 So. 2d 371.
DANAHY, A.C.J., and LAZZARA, J., 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)…underlying crime. These cases are predicated upon the fact that rule 3.702(d)(12) does not explicitly exempt firearm 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…1 / 2
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Vela v. State, 717 So. 2d 519 (Fla. 1998)…PER CURIAM. We have for review the decision in State v. Vela, 700 So. 2d 779 (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…
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Hanks v. State, 717 So. 2d 523 (Fla. 1998)…PER CURIAM. We have for review the decision in State v. Hanks, 700 So. 2d 779 (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)
- State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995)
- Ozell McNABB v. State, 689 So. 2d 371 (Fla. 1st DCA 1997)
- White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997)