TELFA DEAN HALL, 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.
The court held that additional sentencing points for possession of a semi-automatic firearm are prohibited when the felony conviction is specifically predicated upon firearm possession.
Appellant was convicted of possession of a firearm by a convicted felon. The trial court assessed additional points on his scoresheet for possessing a…
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 Certification Of Conflict cases and more on FLexlaw
PER CURIAM.
The state has requested that we certify conflict in this case. We grant the request, withdraw our previous opinion, and substitute the following.
Telfa Dean Hall appeals his conviction and sentence for possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1997). We affirm the conviction but vacate the sentence and remand for resentencing because 25 points were assessed on appellant’s scoresheet for possession of 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 decision reached in this case and in a prior case before this court. See Williams v. State, 724 So. 2d 652 (Fla. 5th DCA 1999).
We certify direct conflict with Thompson.
CONVICTION AFFIRMED; SENTENCE VACATED; CONFLICT CERTIFIED; REMANDED.
PETERSON, GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
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 o…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Williams v. State, 724 So. 2d 652 (Fla. 5th DCA 1999)
- Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999)