JOHN D. FERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COBB, Judge.
The issue on appeal is whether the trial court erred in assessing 18 additional score-sheet points for possession of a firearm during the commission of a crime pursuant to Florida Rule of Criminal Procedure 3.703(d)(10)1 where firearm possession is the gravamen of the only charged offense. We have previously decided the above issue adversely to the argument now presented by the appellant. Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996), review dismissed, 691 So. 2d 1081 (Fla.1997). Smith is in direct conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996). We therefore affirm and certify our conflict with Galloway.
AFFIRMED; CONFLICT CERTIFIED.
W. SHARP and HARRIS, JJ., concur. . The number of this rule was changed in the 1996 amendments to the criminal procedure rules, but the language remains unchanged from former Rule 3.702(d)(12).
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Schmiel v. State, 710 So. 2d 1388 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED on the authority of Ferry v. State, 701 So. 2d 660 (Fla. 5th DCA 1997); Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996). We again certify conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996). COBB and GOSHORN, JJ., and ORFINGER, M., Senior Judge, concur.…
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Davis v. State, 710 So. 2d 764 (Fla. 5th DCA 1998)…ts may be assessed on a guidelines scoresheet for possession of a firearm, when the defendant is convicted only of the offense of possession of a firearm by a convicted felon. See Coleman v. State, 702 So. 2d 307 (Fla. 5th DCA 1997); Ferry v. State, 701 So. 2d 660 (Fla. 5th DCA 1997); Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996); Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1995). We have previously certified conflict with Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996) and we do so again. AF…
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Ferry v. State, 714 So. 2d 460 (Fla. 1998)…PER CURIAM. We have for review the decision in Ferry v. State, 701 So. 2d 660 (Fla. 5th 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 du…
Authorities Cited
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- Smith v. State, 683 So. 2d 577 (Fla. 5th DCA 1996)