DAVID MOHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Mohn appealed his sentencing for felon in possession of a firearm, challenging the trial court's inclusion of 18 additional points for firearm possession on his guidelines scoresheet. The Florida Supreme Court's decision in White v. State resolved the issue in Mohn's favor, establishing that such points were improperly scored under the circumstances, and this court reversed and remanded for resentencing.
The court reversed Mohn's sentence because the 18 additional firearm possession points were improperly scored under White v. State. Although Mohn's actual sentence of 36 months' probation fell within the range for a correctly prepared scoresheet, the error was not harmless because the record did not conclusively demonstrate that the trial court would have imposed the same sentence if it had known the correct score.
[1] Additional points for firearm possession should not be scored when the defendant is charged only with carrying a concealed firearm and possession of a firearm by a convic…
[2] A sentencing error is not harmless unless the record conclusively shows the court would have imposed the same sentence if it knew the correct score.
Previewing 2 of 4 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“The court decided that scoring the additional points for firearm possession was improper when the defendant was charged only with carrying a concealed firearm and possession of a firearm by a convicted felon.”
Establishes the legal basis for the error—the White v. State holding that prohibited scoring these points under the charged offenses.
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Join FLexlaw to unlock all legal intelligenceDavid Mohn pleaded guilty to felon in possession of a firearm. His guidelines scoresheet included 18 additional points for firearm possession pursuant…
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NORTHCUTT, Judge.
David Mohn pleaded guilty to the charge of felon in possession of a firearm. His guidelines scoresheet included 18 additional points for firearm possession. See Fla. R.Crim. P. 3.702(d)(12). Mohn reserved his right to appeal the scoring of these additional points. In White v. State, 714 So. 2d 440 (Fla.1998), the supreme court resolved this issue in Mohn’s favor. The court decided that scoring the additional points for firearm possession was improper when the defendant was charged only with carrying a concealed firearm and possession of a firearm by a convicted felon. Accordingly, we reverse Mohn’s sentence.
Including the 18 improperly scored points, Mohn’s scoresheet reflected 47.2 points, which is within the range where incarceration in state prison is discretionary. The guidelines called for a sentence between 14.4 and 24 months’ incarceration, but the court imposed 36 months’ probation. Without the firearm points, Mohn’s score is 29.2. Even with the permitted 15 per cent increase, his total would be 33.58, a score that mandates a non state prison sanction. While his sentence falls within the range of a correctly prepared scoresheet, we have held that this type of sentencing error is not harmless unless the record conclusively shows the court would have imposed the same sentence if it knew the correct score. See Eblin v. State, 677 So. 2d 388, 389 (Fla. 2d DCA 1996); Sprankle v. State, 662 So. 2d 736, 737 (Fla. 2d DCA 1995.) Because the record in this case does not demonstrate what the court would have done, we reverse and remand for resentencing with a corrected scoresheet.
Sentence reversed and remanded.
THREADGILL, A.C.J., and GREEN, J., Concur.
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White v. State, 873 So. 2d 600 (Fla. 5th DCA 2004)…e sentence imposed was, in fact, the correct sentence. The Court considered the criminal punishment codes [sic] scoresheet, only as part of the overall sentencing decision. The Court finds that the sentence was lawful and correct. In Mohn v. State, 723 So. 2d 873 (Fla. 2d DCA 1998), the Second District held in a similar case that even though a sentence might fall within the range of a correctly prepared scoresheet, the sentencing error is not harmless “unless the record conclusively shows the court would hav…
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Stanford v. State, 833 So. 2d 174 (Fla. 3d DCA 2002)…ction under Section 539.001(8)(b)8 may have influenced the trial court’s sentencing of the remaining conviction as well, we should remand this entire case for resentencing. See Lopez v. [*177] State, 811 So. 2d 815 (Fla. 2d DCA 2002); Mohn v. State, 723 So. 2d 873 (Fla. 2d DCA 1998). We therefore reverse the appellant’s second degree felony conviction and remand with instructions that it be reduced to a third degree felony conviction and that this entire cause be subject to a resentencing hearing. Reversed a…
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Murphy v. State, 761 So. 2d 1247 (Fla. 2d DCA 2000)…hs in prison, which was the bottom of the guidelines. Because the record does not conclusively show that the trial court would have imposed the same sentence under a corrected scoresheet, we cannot say .that the error is harmless. See Mohn v. State, 723 So. 2d 873 (Fla. 2d DCA 1998). Accordingly, we affirm in part, reverse in part, and remand for resentencing with a corrected scoresheet. CASANUEVA and SALCINES, JJ., Concur. . For offenses committed prior to October 1, 1995, this category was termed "Rele…
Previewing 3 of 5 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)
- Sprankle v. State, 662 So. 2d 736 (Fla. 2d DCA 1995)
- Eblin v. State, 677 So. 2d 388 (Fla. 2d DCA 1996)