JAMES RENORRIS THOMPSON, 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.
Florida appellate court affirmed Thompson's sentences, holding that twenty-five guideline points for possession of a semiautomatic firearm were properly assessed for felonious possession of a firearm, distinguishing White v. State on the ground that the points were intended to differentiate firearm types rather than duplicate an element of the crime.
Twenty-five guideline points for possession of a semiautomatic firearm may be properly assessed for the crime of felonious possession of a firearm because such points are intended to distinguish between types of firearms and deter use of semiautomatic weapons, not to duplicate an element of the underlying crime.
[1] Twenty-five guideline points for possession of a semiautomatic firearm may be assessed for felonious possession of a firearm to distinguish between firearm types and enha…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJames Renorris Thompson was convicted of delivery of cocaine, possession of cocaine, aggravated assault, and felonious possession of a firearm. His se…
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 Delivery Of Cocaine cases and more on FLexlaw
PER CURIAM.
The appellant, James Renorris Thompson, challenges his judgments and sentences for delivery of cocaine, possession of cocaine, aggravated assault, and felonious possession of a firearm. He contends that, pursuant to White v. State, 714 So. 2d 440 (Fla.1998), twenty-five points for possession of a semiautomatic firearm were erroneously added to his guidelines score. Though the State concedes error, White merely addresses the inappropriate assessment of eighteen points for possession of a firearm during the commission of a crime, where the possession or use of such is already an element of the crime. In State v. Davidson, 666 So. 2d 941, 942 (Fla. 2d DCA 1995), however, this court determined that the twenty-five points for use of a semiautomatic firearm could be assessed for the crime of carrying a concealed weapon, because the additional points were intended to distinguish “between types of firearms.” Davidson explains that the rule calling for the twenty-five-point assessment — Florida Rule of Criminal Procedure 3.702(d)(12) — “manifests nothing more than legislative recognition of the need to deter through enhanced punishment the use of semiautomatic firearms and their potential for the infliction of severe injury during the commission of criminal acts.” Id., 666 So. 2d at 942. We again reach that conclusion. The twenty-five points at issue were therefore properly added to Thompson’s guidelines score for his possession of a semiautomatic firearm with respect to his conviction for felonious possession of a firearm.
Affirmed.
CAMPBELL, A.C.J., THREADGILL and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thompson v. State, 756 So. 2d 39 (Fla. 2000)…PER CURIAM. We have for review the decision in Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999), which expressly and directly conflicts with the opinions in White v. State, 714 So. 2d 440 (Fla.1998), and Williams v. State, 724 So. 2d 652 (Fla. 5th DCA 1999), on the issue of whether twenty-five sentencing points for the posse…
-
Telfa Dean Hall v. State, 738 So. 2d 996 (Fla. 5th DCA 1999)…f a semi-automatic firearm. We conclude the decision in White v. State, 714 So. 2d 440 (Fla.1998) prohibits the additional sentencing points when a felony conviction is specifically predicated upon the possession of a firearm. In Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999), rev. gr., 735 So. 2d 1289 (Fla.1999), the second district held that 25 points for possession of a semiautomatic firearm is proper even when possession of a firearm is an element of the crime. This holding conflicts with the decis…
-
State v. Telfa Dean Hall, 758 So. 2d 91 (Fla. 2000)…PER CURIAM. We have for review the decision in Hall v. State, 738 So. 2d 996 (Fla. 5th DCA 1999), which was certified to be in conflict [*92] with the opinion in Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999), on the issue of whether twenty-five sentencing points may be assessed against a defendant who was convicted of possession of a firearm by a convicted felon. The Fifth District held that the additional sentencing points may not be…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995)