Michael v. State

District Court of Appeal of Florida

Michael v. State

727 So. 2d 996, 1999 Fla. App. LEXIS 868, 1999 WL 43342

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1999

DocketNo. 97-03246

StatusPublished

This text of 727 So. 2d 996 (Michael 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

Michael v. State, 727 So. 2d 996, 1999 Fla. App. LEXIS 868, 1999 WL 43342 (Fla. Ct. App. 1999).

Pincite

Opinion

NORTHCUTT, Judge.

Daniel Sean Michael challenges his sentence for possession of a firearm by a convicted felon, contending that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the sole underlying crime is possession of a firearm by a convicted felon. We agree and reverse and remand for resentenc-ing.

The Florida Supreme Court in White v. State, 714 So.2d 440 (Fla. 1998), held that it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. The State concedes error. See Patterson v. State, 724 So.2d 640 (Fla. 2d DCA 1999).

Reversed and remanded for resentencing.

FULMER, A.C.J., and CASANUEVA, J., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI