STATE OF FLORIDA, PETITIONER,
v.
TELFA DEAN HALL, RESPONDENT
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Florida Supreme Court affirmed that twenty-five sentencing points cannot be assessed for firearm possession when the firearm's use or possession is inherent in the underlying felony conviction.
Twenty-five sentencing points may not be added to a defendant's sentencing guideline score where the use or possession of a firearm is inherent in the commission of the underlying felony.
[1] Sentencing points for firearm possession cannot be duplicatively assessed when the firearm's use or possession is inherent in the underlying felony conviction.
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Join FLexlaw to unlock all legal intelligenceHall was convicted of possession of a firearm by a convicted felon, and the trial court assessed twenty-five additional sentencing points based on tha…
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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 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 of possession of a firearm by a convicted felon. The Fifth District held that the additional sentencing points 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 inherent in the commission of the underlying felony. In so holding, we quashed the Second District’s decision in Thompson. See Thompson, 756 So. 2d at 39.
Accordingly, we approve the decision below.
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- White v. State, 714 So. 2d 440 (Fla. 1998)
- Thompson v. State, 725 So. 2d 1217 (Fla. 2d DCA 1999)
- Thompson v. State, 756 So. 2d 39 (Fla. 2000)
- Telfa Dean Hall v. State, 738 So. 2d 996 (Fla. 5th DCA 1999)