DANIEL SEAN MICHAEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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NORTHCUTT, Judge.
Daniel Sean Michael challenges his sentence for possession of a firearm by a convicted felon, contending that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the sole underlying crime is possession of a firearm by a convicted felon. We agree and reverse and remand for resentencing.
The Florida Supreme Court in White v. State, 714 So. 2d 440 (Fla. 1998), 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. The State concedes error. See Patterson v. State, 724 So. 2d 640 (Fla. 2d DCA 1999).
Reversed and remanded for resentencing.
FULMER, A.C.J., and CASANUEVA, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Swedish v. State, 724 So. 2d 640 (Fla. 2d DCA 1999)