STEVEN J. LOONEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Steven Looney challenges his sentence for carrying a concealed firearm. He correctly contends that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the underlying crime was carrying a concealed firearm. See White v. State, 714 So. 2d 440 (Fla.1998). The State concedes error but contends that it is harmless error because Looney’s sentence, with a corrected score-sheet, would be unchanged. Although we agree with the State that the sentence Looney is now serving would not change, the scoresheet error could affect a subsequent sentence should Looney violate his probation. Accordingly, we remand with instructions to the trial court to correct the scoresheet.
Sentence affirmed; remanded with instructions to correct the scoresheet.
THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.
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Citator
Cited By
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Oneil Dartez v. State, 774 So. 2d 771 (Fla. 1st DCA 2000)…nse of aggravated battery on November 2, 1991. As a result, 36 legal constraint points appear to have been erroneously added to his score-sheet, and the inclusion of those points on subsequent scoresheets was not harmless error. See Looney v. State, 728 So. 2d 321, 322 (Fla. 2d DCA 1999). Accordingly, we reverse the summary denial of appellant’s claim and remand the case for the trial court to attach portions of the record demonstrating that the appellant is not entitled to relief or to resentence appellant b…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)