JIMMY WAYNE KING, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court resolved a conflict between district courts regarding whether additional sentencing points for firearm possession may be added when a defendant's conviction is for carrying a concealed weapon or possession of a firearm by a convicted felon. The Court held that such points cannot be added when firearm possession is the essential element of the underlying offense, and remanded for further proceedings to determine whether the defendant possessed a firearm during commission of other crimes.
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, because firearm possession is the essential element of the underlying offense and sentencing rules do not contemplate adding such points in these circumstances.
[1] Additional sentencing points for possessing a firearm cannot be assessed when the sole underlying crime is carrying a concealed firearm or possession of a firearm by a co…
[2] Sentencing statutes and rules do not contemplate the addition of sentencing points for carrying or possessing a firearm where such act is the essential element of the und…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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”
Establishes the core holding regarding when firearm sentencing enhancements cannot be applied
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJimmy Wayne King was convicted of multiple offenses including possession of a short-barreled shotgun, carrying a concealed firearm, possession of a fi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Points cases and more on FLexlaw
PER CURIAM.
We have for review the decision in State v. King, 700 So. 2d 781 (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 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, we held that 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.
In this ease, defendant was convicted of several offenses, including possession of a short-barreled shotgun, carrying a concealed firearm, possession of a firearm by a convicted felon, possession-of cannabis, possession of drug paraphernalia, and possession of amphetamine. We are unable to ascertain from the record and opinion below, however, whether the defendant possessed a firearm during the commission of the additional drug-related offenses. Therefore, we remand for further proceedings in accordance with our decision in White.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion.
WELLS, Justice,
dissenting.
I dissent for the reasons stated in my dissenting opinions in Asbell v. State, 700 So. 2d 684 (Fla. 1998); and White v. State, 714 So. 2d 440 (Fla.1998).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Boykin v. State, 744 So. 2d 1205 (Fla. 1st DCA 1999)…at additional points for possession of a [*1206] firearm should not be assessed on a guidelines scoresheet when the defendant is convicted of possession of a firearm by a convicted felon. See Scott v. State, 717 So. 2d 521 (Fla.1998); King v. State, 715 So. 2d 256 (Fla.1998). Accordingly, we reverse appellant’s sentence and remand for resentencing in this case after appellant’s guidelines scoresheet has been corrected by the deletion of the erroneous 18 points. BOOTH, MINER and KAHN, JJ., CONCUR.…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Galloway v. State, 680 So. 2d 616 (Fla. 4th DCA 1996)
- State v. King, 700 So. 2d 781 (Fla. 2d DCA 1997)