MARVIN L. ROBERTSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court properly assessed eighteen sentencing points for firearm use where the underlying crime (shooting a deadly missile) was not enumerated in the mandatory minimum statute and firearm possession was not an essential element.
Eighteen sentencing points for firearm use may be imposed when the underlying felony is neither enumerated in section 775.087(2) nor requires firearm possession as an essential element.
[1] Eighteen sentencing points for firearm use during commission of a felony are authorized when the crime is neither enumerated in section 775.087(2) nor requires firearm po…
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Join FLexlaw to unlock all legal intelligenceRobertson was convicted of aggravated battery, shooting a deadly missile, and possession of a firearm by a convicted felon across multiple cases. The …
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WARNER, J.
Appellant contends that the trial court erred in assessing eighteen points on his sentencing guidelines scoresheet for use of a firearm or destructive device because he already received a three year minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (1995), for use of a firearm. The primary offense on the scoresheet was an aggravated battery conviction in case no. 96-148. Additional offenses on the scoresheet included aggravated battery charged in case no. 96-133, and shooting a deadly missile and possession of a firearm by a convicted felon charged in case no. 96-148.
Imposition of eighteen sentencing points is authorized when a defendant possesses a firearm during the commission of a felony where the crime is neither one that is enumerated in section 775.087(2), nor one where possession of a firearm is an essential element. See Schmiel v. State, 727 So. 2d 257, 258-59 (Fla.1999); Cleveland v. State, 717 So. 2d 188, 188 (Fla. 5th DCA 1998). The crime of shooting a deadly missile is not enumerated in section 775.087(2), see Samuels v. State, 681 So. 2d 915, 915-16 (Fla. 4th DCA 1996), nor is possession of a firearm an essential element of the crime. See Bradford v. State, 722 So. 2d 858, 860 (Fla. 1st DCA 1998). Therefore, there was no error in including the eighteen points on the scoresheet.
Affirmed.
FARMER, J., and ROBY, WILLIAM L., Associate Judge, concur.
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Quincy Jefferson v. State, 927 So. 2d 1037 (Fla. 4th DCA 2006)…urt held that the instruction is the definition of weapon as used in section 775.087. Accordingly, the crime of which appellant was convicted has, as an essential element, the use of a weapon. The state relies on our decision in Robertson v. State, 807 So. 2d 708 (Fla. 4th DCA 2002), in which the issue was whether additional sentencing points are authorized when the defendant uses a firearm and is convicted of shooting a deadly missile. We held that it was permissible to impose the additional sentencing poin…
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Stier v. State, 812 So. 2d 572 (Fla. 5th DCA 2002)…PER CURIAM. See State v. Craft, 685 So. 2d 1292 (Fla.1996); Robertson v. State, 807 So. 2d 708 (Fla. 4th DCA 2002); Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001). AFFIRMED. THOMPSON, C.J., and SHARP, W., and SAWAYA, JJ., concur.…
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Dunn v. State, 814 So. 2d 1082 (Fla. 1st DCA 2002)…PER CURIAM. Affirmed. See Robertson v. State, 807 So. 2d 708, 708 (Fla. 4th DCA 2002); Bradford v. State, 722 So. 2d 858, 860 (Fla. 1st DCA 1998). But see State v. Hines, 695 So. 2d 747, 748 (Fla. 1st DCA 1997). DAVIS, BENTON, and BROWNING, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bradford v. State, 722 So. 2d 858 (Fla. 1st DCA 1998)
- Schmiel v. State, 727 So. 2d 257 (Fla. 1999)
- Samuels v. State, 681 So. 2d 915 (Fla. 4th DCA 1996)
- Cleveland v. State, 717 So. 2d 188 (Fla. 5th DCA 1998)