JAMES A. WHITTAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-06-02
No. 98-02016
PARKER, C.J., and PATTERSON and CASANUEVA, JJ„ Concur.
734 So. 2d 1152 Florida District Court of Appeal, Second District (1999)


Opinion of the Court
PER CURIAM.

PER CURIAM.

James A. Whittaker appeals the final judgment and sentence entered after a jury found him guilty of grand theft of a firearm and simple trespass. We affirm the convictions; however, we reverse and remand for the trial court to correct the judgment and impose a new sentence.

Whittaker correctly argues that under Scott v. State, 718 So. 2d 751, 751-52 (Fla. 1998), it is improper to enhance the offense for use of a firearm when the felony convicted of was grand theft of a firearm. See also Fla. R.Crim. P. 3.702(d)(12). Whit-taker did not commit any other felonies after he took the victim’s gun. The jury convicted him of simple trespass, which is a first-degree misdemeanor. It was error for the trial court to assess an additional eighteen points on the sentencing guidelines scoresheet. We affirm Whittaker’s convictions; however, we reverse and remand for correction of the sentencing guidelines scoresheet and for resentencing.

PARKER, C.J., and PATTERSON and CASANUEVA, JJ„ Concur.


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