JOHN D. FERRY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court quashed the Fifth District's decision affirming Ferry's sentence because sentencing points for firearm possession cannot be added when the underlying crime is itself carrying a concealed weapon or possession of a firearm by a convicted felon.
Sentencing points for carrying or possessing a firearm may not be assessed where the firearm possession or carrying is the essential element of the underlying offense.
[1] Sentencing points for firearm possession under Florida Rules of Criminal Procedure rule 3.702(d)(12) and Florida Statutes section 921.0014 cannot be added when firearm po…
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Join FLexlaw to unlock all legal intelligenceFerry was convicted and sentenced with additional sentencing points assessed for carrying or possessing a firearm during the commission of a crime, wh…
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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 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, 689 So. 2d 371 (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 opinion in Galloway and quashed the Second District’s decision in White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997).
Therefore, in accordance with our opinion in White, we quash the district court’s decision in Ferry.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion.
[*461] WELLS, Justice,
dissenting.
I dissent for the reasons dissenting opinions in Asbell stated in my v. State, 715 So. 2d 258 (Fla.1998); and White v. State, 714 So. 2d 440 (Fla.1998).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- Asbell v. State, 715 So. 2d 258 (Fla. 1998)
- Ozell McNABB v. State, 689 So. 2d 371 (Fla. 1st DCA 1997)
- White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997)
- Ferry v. State, 701 So. 2d 660 (Fla. 5th DCA 1997)
- Marcus v. Sullivan, 701 So. 2d 660 (Fla. 3d DCA 1997)