PRESTON GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in assessing eighteen points for firearm possession on the defendant's sentencing scoresheet because robbery is an enumerated offense under section 775.087(2).
Appellant was convicted of multiple counts of armed robbery, attempted armed robbery, and grand theft. The sentencing scoresheet included eighteen poi…
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PER CURIAM.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant, Preston Gibson, raises a sentencing issue that has merit. We affirm the convictions but reverse the sentences and remand for resentencing.
Appellant was convicted of multiple counts of armed robbery, attempted armed robbery, and grand theft. A guidelines scoresheet was calculated listing armed robbery as the primary offense. The scoresheet included eighteen points for possession of a firearm. This was error. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996); see also Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997).
Section 921.0014, Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.702 provide that eighteen points are assessed for possession of a firearm while committing any felony other than those enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one of the felonies enumerated in section 775.087(2). Thus, it was error to include eighteen points on appellant’s scoresheet. See Thomas, 685 So. 2d at 867; see also Neal, 695 So. 2d at 496.
Since the eighteen points should not have been assessed, we reverse the sentences and remand for recalculation of the scoresheet and resentencing.
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and ALTENBERND and GREEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly v. State, 796 So. 2d 578 (Fla. 2d DCA 2001)…g the commission of any felony other than those enumerated in section 775.087(2), Florida Statutes (1995). Kelly’s crime, robbery, is one of the enumerated felonies. Therefore, the 18 points were incorrectly added to his scoresheet. Gibson v. State, 713 So. 2d 1069 (Fla. 2d DCA 1998). We reverse and remand for resentencing under a properly prepared scoresheet. Reversed and remanded. ALTENBERND, A.C.J., and CASANUEVA, J., Concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996)
- Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997)