PATRICIA HILTON SHIVER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court quashed the district court decision and held that sentencing points for firearm possession cannot be added where the underlying crime is itself carrying a concealed weapon or possession of a firearm by a convicted felon.
Sentencing points for possessing a firearm under rule 3.702(d)(12) and section 921.0014 cannot be assessed where carrying or possessing a firearm is the essential element of the underlying offense.
[1] Sentencing points for firearm possession cannot be added under Florida law where the underlying crime is carrying a concealed weapon or possession of a firearm by a convi…
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Join FLexlaw to unlock all legal intelligenceShiver was convicted of carrying a concealed weapon or possession of a firearm by a convicted felon, and the trial court added additional sentencing p…
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PER CURIAM.
We have for review the decision in State v. Shiver, 700 So. 2d 780 (Fla. 2d DCA 1997), which the district 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, 23 Fla. L. Weekly S 311 (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.
Therefore, in accordance with our decision in White, we quash the decision below.
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, 715 So. 2d 258 (Fla.1998); and White v. State, 714 So. 2d 440, 23 Fla. L. Weekly S311 (Fla. June 12, 1998).
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Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999)…appear that the defendant is correct in that the ... sentence had already run.” The State has chosen not to participate in the proceedings in this court. . The revocation process is set in motion when an arrest warrant is issued. See State v. Boyd, 717 So. 2d 524 (Fla.1998). At the time relevant to this case, a warrant was not considered "issued” until it had been signed by the judge and delivered to the executive officer for execution. See id. This has since been changed by the legislature so that a warrant…
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Elvin Otis Morgan v. State, 757 So. 2d 618 (Fla. 2d DCA 2000)…roceeding is set in motion when the arrest warrant is issued; for the purposes of this case, “an arrest warrant is not issued until a judge signs the warrant and the warrant is delivered to the proper executive officer for execution.” State v. Boyd, 717 So. 2d 524, 526 (Fla.1998).1 Here, the trial court did not even sign the arrest warrant until January 8, 1998, three days after Morgan’s original term of community control expired on January 5, 1998. Thus, the revocation process had not been set in motion befo…
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Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- State v. Shiver, 700 So. 2d 780 (Fla. 2d DCA 1997)