Odom v. State

719 So. 2d 351, 1998 Fla. App. LEXIS 12722, 1998 WL 698273

Opinion

W. SHARP, Judge.

Odom appeals his judgment and sentence for possession of a firearm by a convicted felon.¹ He pled no contest to that sentence only, but objected to the scoring of additional points for possession of a firearm, pursuant to Florida Rule of Criminal Procedure 3.702(d)(12).

The Florida Supreme Court has ruled (since the sentencing in this case occurred) that additional points should not be added to a defendant’s score pursuant to rule 3.702(d) for possession of a firearm if the only crime for which the defendant is being sentenced requires as an essential element the possession or carrying of a firearm. Vela v. State, 1998 WL 394182 (Fla. July 16, 1998); Coleman v. State, 713 So.2d 987, 23 Fla. L. Weekly S313 (Fla.1998); White v. State, 23 Fla. L. Weekly S311, 714 So.2d 440 (Fla.1998). Thus, the additional points should not have been assessed in Odom’s case. We affirm the judgment, but reverse the sentence and remand for resentencing.

AFFIRMED in part; REVERSED in part; REMANDED for Resentencing.

HARRIS and ANTOON, JJ., concur.

1 . § 790.23, Fla. Stat.