JAMES RENORRIS THOMPSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that a defendant convicted of felonious possession of a firearm cannot have additional sentencing points assessed for the firearm possession itself, as doing so would improperly double-enhance punishment for the same conduct. The Court resolved a conflict between district court opinions on whether 25 sentencing points for possessing a semi-automatic firearm could be added when the defendant was convicted of felonious firearm possession.
A defendant convicted solely of felonious possession of a firearm cannot have additional sentencing points assessed for that same firearm possession. The Court disapproved assessment of the 25 sentencing points because such points cannot be added where the illegal firearm possession itself is the crime being punished.
[1] Additional sentencing points for possession of a semi-automatic firearm may not be assessed against a defendant convicted solely of possession of a firearm by a convicted…
[2] Sentencing enhancements for firearm possession should not be applied when the underlying charge is the illegal possession of that firearm.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it would be improper to additionally enhance the punishment for the possession of a firearm where the illegal possession of the firearm was the charge being punished”
Establishes the core principle that sentencing points for firearm possession cannot be added when possession is itself the offense of conviction
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Join FLexlaw to unlock all legal intelligenceIn 1997, Thompson was arrested while on probation and charged with aggravated assault with a semi-automatic firearm. After police discovered he was a …
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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 possession of a semi-automatic firearm may be assessed against a defendant who was convicted of possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
The record reveals that in 1997, while on probation for drug related offenses committed in 1994, Thompson was arrested and charged with aggravated assault with a firearm, during which he possessed a semi-automatic weapon. While that charge was pending, the police learned that Thompson was a convicted felon and subsequently charged him with felonious possession of a firearm.1 Thompson pled no contest to the aggravated assault and felonious possession of a firearm charges. The offense of aggravated assault is expressly exempted under Florida Rule of Criminal Procedure 3.703(d)(19) from assessment of additional sentencing points for the possession of a firearm.
However, the trial court assessed an additional twenty-five sentencing points to Thompson’s sentencing scoresheet for the felonious possession offense and sentenced Thompson to a term of imprisonment.
On appeal, the Second District Court of Appeal approved the trial court’s assessment of the sentencing points relying on its previous decision in State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995).
In so concluding, the district court distinguished this Court’s recent opinion in White on the ground that it addressed only the assessment of eighteen sentencing points for the possession of a firearm. In White, we held that eighteen sentencing points may not be assessed against a defendant who was convicted only of charges of illegal possession of a firearm. We reasoned that it would be improper to additionally enhance the punishment for the possession of a firearm where the illegal possession of the firearm was the charge being punished. See 714 So. 2d at 444. Although White involved the use of a firearm as opposed to a semiautomatic weapon, our holding and reasoning did not rest on the type of weapon used. Indeed, we fail to see any reason to distinguish between the types of firearm involved in making the initial determination of whether to assess such additional sentencing points in a case based solely on the illegal possession of the firearm in question.
In fact, we have already decided this issue in State v. Walton, 717 So. 2d 522 (Fla.1998), which involved the same question as to whether the additional twenty-five sentencing points should be assessed for the possession of a semi-automatic weapon where the defendant was convicted and sentenced for the offense of carrying a concealed firearm. The Fourth District affirmed the trial court’s refusal to add the additional points for the weapon possession. See State v. Walton, 693 So. 2d 135, 137 (Fla. 4th DCA 1997). Upon review, we reiterated our holding in White and approved the Fourth District’s decision. See Walton, 717 So. 2d at 522.
Accordingly, we approve the opinion in Williams and quash the decision in Thompson in accordance with our decisions in White and Walton.
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.
. Thompson was charged with violating section 790.23(l)(a), Florida Statutes (1997), which states: "It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been ... [cjonvicted of a felony....”
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Stevie Lavan McKNIGHT v. State, 756 So. 2d 41 (Fla. 2000)…entencing points may be assessed for the possession of a semi-automatic firearm for the convicted offense of carrying a concealed firearm. We have jurisdiction. Art. V, § 8(b)(3), Fla. Const. We recently resolved this conflict in Thompson v. State, 756 So. 2d 39 (Fla.2000), wherein we held that consistent with our opinion in White, twenty-five sentencing points may not be added to a defendant’s sentencing guideline score sheet where the use or possession of the firearm is inherent in the commission of the u…
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State v. Telfa Dean Hall, 758 So. 2d 91 (Fla. 2000)…may not be assessed where the felony conviction is specifically predicated upon the possession of a firearm. See Hall, 738 So. 2d at 996. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently resolved this conflict in Thompson v. State, 756 So. 2d 39 (Fla.2000), wherein we held that consistent with our opinion in White v. State, 714 So. 2d 440 (Fla.1998), twenty-five sentencing points may not be added to a defendant’s sentencing guideline score sheet where the use or possession of the firearm is…
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Smith v. State, 798 So. 2d 40 (Fla. 1st DCA 2001)…ts may not be added to a defendant’s sentencing guideline [*41] scoresheet on the basis that the appellant possessed a firearm, where the use or possession of the firearm is inherent in the commission of the underlying felony. See Thompson v. State, 756 So. 2d 39 (Fla.2000). Therefore, the trial court could not have properly added the 25 points for the appellant’s convictions of possession of a firearm by a convicted felon or carrying a concealed weapon. Further, because the offense of burglary is listed as…
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- State v. Davidson, 666 So. 2d 941 (Fla. 2d DCA 1995)
- State v. Walton, 693 So. 2d 135 (Fla. 4th DCA 1997)
- Williams v. State, 724 So. 2d 652 (Fla. 5th DCA 1999)
- Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999)
- State v. Walton, 717 So. 2d 522 (Fla. 1998)