TRACY N. CLEVELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Cleveland appeals his sentences for carrying a concealed firearm, possession of a firearm by a minor, and resisting an officer without violence. The sole issue is whether the trial court properly added 25 points to his sentencing guidelines scoresheet for possessing a semiautomatic firearm during a felony. The court affirms, holding that the points were properly added because resisting an officer without violence does not have firearm possession as an essential element.
The trial court properly added 25 points to Cleveland's guidelines scoresheet. The 25 points for possessing a firearm during the commission of a felony can be added when the underlying crime does not have firearm possession as an essential element. Since resisting an officer without violence does not have possession of a firearm as an essential element, and Cleveland possessed the semiautomatic firearm during that offense, the points were properly assessed.
[1] Points may be added to a defendant's guidelines scoresheet for possession of a semi-automatic firearm during the commission of a felony if the underlying felony does not…
[2] A conviction for resisting an officer without violence does not have possession of a firearm as an essential element for the purpose of adding points to a guidelines scor…
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“additional points for possessing 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”
States the controlling legal principle from Florida Supreme Court precedent that governs when firearm possession points can be added to sentencing guidelines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCleveland was convicted of three offenses: carrying a concealed firearm, possession of a firearm by a minor, and resisting an officer without violence…
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 Possession Of A Firearm By A Minor cases and more on FLexlaw
W. SHARP, Judge.
Cleveland appeals from his judgment and sentences for carrying a concealed firearm,1 possession of a firearm by a minor,2 and resisting an officer without violence.3 The sole issue on appeal is whether the trial court erred in adding to Cleveland’s guidelines scoresheet 25 points for possession of a semiautomatic firearm, pursuant to Florida Rule of Criminal Procedure 3.703(d)(19). We affirm.
Rule 3.703(d)(10) provides that 25 points should be added to a defendant’s guidelines scoresheet if the defendant is convicted of committing or attempting to commit any felony other than certain enumerated offenses in section 775.087(3) (none of which are involved in this ease), while having in his or her possession a semi-automatic firearm. The Florida Supreme Court recently held that additional points for possessing 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 assessed pursuant to rule 3.703(d)(10) could be added, if Cleveland possessed the weapon during the offense of resisting the officer. Based on police reports in the record and the state’s summary of the factual basis for the plea at the sentencing hearing, it appears that Cleveland had a weapon concealed in his clothing. When the police officer asked if he would agree to be patted down, he first agreed and then ran from the officer. During the chase, Cleveland threw down a loaded handgun (a .22 caliber semi-automatic firearm), which police officers recovered. Cleveland admitted to the arresting officer that he had the firearm in his right front pocket while being chased. Accordingly, the addition of the 25 points was proper. See Vela, White.
AFFIRMED.
COBB and GOSHORN, JJ., concur. . § 790.01(2), Fla. Stat. . § 790.22(3), Fla. Stat. .§ 843.02, Fla. Stat.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Robertson v. State, 807 So. 2d 708 (Fla. 4th DCA 2002)…ng the commission of a felony where the crime is neither one that is enumerated in section 775.087(2), [*709] nor one where possession of a firearm is an essential element. See Schmiel v. State, 727 So. 2d 257, 258-59 (Fla.1999); Cleveland v. State, 717 So. 2d 188, 188 (Fla. 5th DCA 1998). The crime of shooting a deadly missile is not enumerated in section 775.087(2), see Samuels v. State, 681 So. 2d 915, 915-16 (Fla. 4th DCA 1996), nor is possession of a firearm an essential element of the crime. See Bradfor…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Coleman v. State, 713 So. 2d 987 (Fla. 1998)
- Vela v. State, 717 So. 2d 519 (Fla. 1998)