HOSIE SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HOSIE SCOTT, APPELLANT,
STATE OF FLORIDA, APPELLEE
717 So. 2d 143
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 1 case
Opinion of the Court
ORFINGER, M., Senior Judge.
Appellant pled no contest to charges of carrying a concealed firearm and possession of a firearm by a convicted felon, specifically reserving his right to appeal the imposition of eighteen sentence points for the firearm possession. Where no separate substantive felony is involved, the legal elements of which do not require possession of a firearm, imposition of eighteen sentence points is error. White v. State, 714 So. 2d 440 (Fla.1998).
REVERSED AND REMANDED.
GRIFFIN, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elozar v. State, 825 So. 2d 490 (Fla. 5th DCA 2002)…when the robber leaves, does not constitute kidnapping. Berry, 668 So. 2d at 969. See also Formor v. State, 676 So. 2d 1013 (Fla. 5th DCA 1996)(no kidnapping where victims ordered onto floor, then into bathroom, at gunpoint). Cf. Hankerson v. State, 717 So. 2d 143 (Fla. 5th DCA 1998)(kidnapping conviction appropriate where victim was locked in back room). In the instant case the employees and customers were forced into an open safe, and were free to come out when the armed robbers left the premises. These fa…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)