ALVIN COLEMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court held that sentencing courts cannot add firearm possession points where the underlying conviction is itself for carrying a concealed weapon or possession of a firearm by a convicted felon, quashing the lower court decision in accordance with White v. State.
A trial court commits error by assessing additional sentencing points for firearm possession where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon.
[1] Sentencing points for firearm possession cannot be added where the underlying conviction is for carrying a concealed weapon or possession of a firearm by a convicted felo…
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Join FLexlaw to unlock all legal intelligenceColeman was convicted and sentenced with additional sentencing points assessed for carrying or possessing a firearm during the commission of a crime, …
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PER CURIAM.
We have for review the decision in Coleman v. State, 702 So. 2d 307 (Fla. 5th DCA 1997), which certified 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 during the commission of a crime may be added to a defendant’s sentencing score where the defendant is convicted of carrying a concealed weapon or possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Recently, we resolved this conflict in White v. State, 714 So. 2d 440 (Fla.1998), wherein we held that it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. In other words, rule 3.702(d)(12) of the Florida Rules of Criminal Procedure and section 921.0014, Florida Statutes (1993), do not contemplate the addition of sentencing points for carrying or possessing a firearm where the carrying or possession of a firearm is the essential element of the underlying offense. In so holding, we approved the Fourth District’s decision in Galloway.
Therefore, in accordance with our decision in White, we quash the decision below.
It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. WELLS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cleveland v. State, 717 So. 2d 188 (Fla. 5th DCA 1998)…a firearm while committing a felony or attempting to commit a felony should not be added where the sole underlying crime has as an essential element the carrying or possession of a firearm. Vela v. State, 717 So. 2d 519 (Fla.1998); Coleman v. State, 713 So. 2d 987 (Fla.1998); White v. State, 714 So. 2d 440 (Fla.1998). In this case, Cleveland was convicted of three offenses. One, resisting an officer without violence, is not a crime which has as an essential element the possession of a firearm. Thus, points a…
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State v. Redding, 712 So. 2d 1257 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED. See White v. State, 714 So. 2d 440 (Fla.1998), and Coleman v. State, 713 So. 2d 987 (Fla.1998). W. SHARP, PETERSON and THOMPSON, JJ., concur.…
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Odom v. State, 719 So. 2d 351 (Fla. 5th DCA 1998)…to rule 3.702(d) for possession of a firearm if the only crime for which the defendant is being sentenced requires as an essential element the possession or carrying of a firearm. Vela v. State, 1998 WL 394182 (Fla. July 16, 1998); Coleman v. State, 713 So. 2d 987, 23 Fla. L. Weekly S313 (Fla.1998); White v. State, 23 Fla. L. Weekly S311, 714 So. 2d 440 (Fla. [*352] 1998). Thus, the additional points should not have been assessed in Odom’s case. We affirm the judgment, but reverse the sentence and remand for…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- Black v. Dep't OF Transp., 702 So. 2d 307 (Fla. 5th DCA 1997)
- Coleman v. State, 702 So. 2d 307 (Fla. 5th DCA 1997)