Dacosta v. State

District Court of Appeal of Florida

Dacosta v. State

672 So. 2d 861, 1996 Fla. App. LEXIS 3339, 1996 WL 148855

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1996

DocketNo. 95-2253

StatusPublished

Cited by2 cases

This text of 672 So. 2d 861 (Dacosta v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dacosta v. State, 672 So. 2d 861, 1996 Fla. App. LEXIS 3339, 1996 WL 148855 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

The convictions below are affirmed. See State v. Anderson, 537 So.2d 1373 (Fla.1989). As in Shepherd v. State, 661 So.2d 426, 426-27 (Fla. 3d DCA 1995), however:

Because the sentence included the three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1993), it was error, as the state concedes, for the guidelines scoresheet to include an 18 point addition for “possession of a firearm.” Section 921.0014, Florida Statutes (1993) specifically provides that the additional sentence points for carrying a firearm may be imposed only for felonies “other than those enumerated in s. 775.087(2).” Accordingly, the sentence is vacated and the cause remanded for resentencing upon a properly calculated scoresheet which shall not include the points in question.

See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996).

Affirmed in part, vacated in part and remanded.

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PER CURIAM.

The convictions below are affirmed. See State v. Anderson, 537 So.2d 1373 (Fla.1989). As in Shepherd v. State, 661 So.2d 426, 426-27 (Fla. 3d DCA 1995), however:

Because the sentence included the three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1993), it was error, as the state concedes, for the guidelines scoresheet to include an 18 point addition for “possession of a firearm.” Section 921.0014, Florida Statutes (1993) specifically provides that the additional sentence points for carrying a firearm may be imposed only for felonies “other than those enumerated in s. 775.087(2).” Accordingly, the sentence is vacated and the cause remanded for resentencing upon a properly calculated scoresheet which shall not include the points in question.

See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996).

Affirmed in part, vacated in part and remanded.

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672 So. 2d 861, 1996 Fla. App. LEXIS 3339, 1996 WL 148855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dacosta-v-state-fladistctapp-1996.

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