Holley v. State

District Court of Appeal of Florida

Holley v. State

745 So. 2d 1049, 1999 Fla. App. LEXIS 14327, 1999 WL 979462

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1999

DocketNo. 98-4197

StatusPublished

This text of 745 So. 2d 1049 (Holley 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.

Bluebook

Holley v. State, 745 So. 2d 1049, 1999 Fla. App. LEXIS 14327, 1999 WL 979462 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Harold Holley appeals his conviction and sentence for possession of a firearm by a convicted felon. We agree with the state that the trial court correctly rejected the appellant’s proposed jury instruction and gave the standard jury instruction applicable to possession of a firearm by a convicted felon. See Butler v. State, 493 So.2d 451, 452 (Fla.1986), Kelley v. State, 486 So.2d 578, 584 (Fla.1986). We agree with appellant that, under White v. State, 714 So.2d 440, 443 (Fla.1998) and Schmiel v. State, 727 So.2d 257 (Fla.1999), cases decided subsequent to the imposition of appellant’s sentence, the trial court improperly assessed 25 enhancement points for possession of a firearm. Because the appellant failed to object to his scoresheet at sentencing below and has not shown fundamental error, however, this issue is unpreserved for appellate review. See Smith v. State, 598 So.2d 1063, 1066 (Fla. 1992); Tanner v. State, 724 So.2d 643, 644 (Fla. 1st DCA 1999). Accordingly, we affirm on all issues.

AFFIRMED.

WEBSTER, DAVIS AND VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

Harold Holley appeals his conviction and sentence for possession of a firearm by a convicted felon. We agree with the state that the trial court correctly rejected the appellant’s proposed jury instruction and gave the standard jury instruction applicable to possession of a firearm by a convicted felon. See Butler v. State, 493 So.2d 451, 452 (Fla.1986), Kelley v. State, 486 So.2d 578, 584 (Fla.1986). We agree with appellant that, under White v. State, 714 So.2d 440, 443 (Fla.1998) and Schmiel v. State, 727 So.2d 257 (Fla.1999), cases decided subsequent to the imposition of appellant’s sentence, the trial court improperly assessed 25 enhancement points for possession of a firearm. Because the appellant failed to object to his scoresheet at sentencing below and has not shown fundamental error, however, this issue is unpreserved for appellate review. See Smith v. State, 598 So.2d 1063, 1066 (Fla. 1992); Tanner v. State, 724 So.2d 643, 644 (Fla. 1st DCA 1999). Accordingly, we affirm on all issues.

AFFIRMED.

WEBSTER, DAVIS AND VAN NORTWICK, JJ., CONCUR.

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Bluebook (online)

745 So. 2d 1049, 1999 Fla. App. LEXIS 14327, 1999 WL 979462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-v-state-fladistctapp-1999.

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