GARY L. DOLES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court held that additional sentencing points for carrying or possessing a firearm cannot be added where the defendant's sole conviction is for possession of a firearm by a convicted felon, as the firearm possession is the essential element of the underlying offense.
Additional sentencing points for carrying or possessing a firearm may not be assessed where the carrying or possessing of the firearm is the essential element of the underlying offense.
[1] Sentencing points for carrying or possessing a firearm during commission of a crime cannot be added where firearm possession is the essential element of the underlying of…
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Join FLexlaw to unlock all legal intelligence“additional sentencing points for carrying or possessing a firearm during the commission of a crime may not be assessed against a defendant's sentencing score where the carrying or possessing of a firearm is the essential element of the underlying offense”
The Court's statement of the controlling legal rule regarding double-counting of firearm sentencing enhancements.
Gary L. Doles was convicted of possession of a firearm by a convicted felon and received additional sentencing points for carrying or possessing a fir…
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PER CURIAM.
We have for review the decision in Doles v. State, 710 So. 2d 769 (Fla. 1st DCA 1998), which certified conflict with the opinions in State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997), approved, 717 So. 2d 522, 23 Fla. L. Weekly S402 (Fla.1998), and 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 possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently 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 carrying or 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, additional sentencing points for carrying or possessing a firearm during the commission of a crime may not be assessed against a defendant’s sentencing score where the carrying or possessing of a firearm is the essential element of the underlying offense. Id. at 443-44. In so holding, we approved Galloway and quashed the decision in White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997).
Therefore, in accordance with our decision in White, we quash the district court’s decision in Doles.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, ANSTEAD and PARIENTE, JJ., concur. WELLS, J., dissents.
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)
- Ozell McNABB v. State, 689 So. 2d 371 (Fla. 1st DCA 1997)
- White v. State, 689 So. 2d 371 (Fla. 2d DCA 1997)
- State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997)
- State v. Walton, 717 So. 2d 522 (Fla. 1998)
- Doles v. State, 710 So. 2d 769 (Fla. 1st DCA 1998)