Panico v. State
This text of 746 So. 2d 1193 (Panico 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.
Opinion
The appellant challenges an order denying a Florida Rule of Criminal Procedure 3.800(a) motion by which she contested a calculation in her sentencing guidelines scoresheet. The appellant was sentenced for burglary of a dwelling, carrying a concealed firearm, and resisting an officer without violence. The guidelines scoresheet contains points assessed for possession of a firearm. However, such scoring pertains only in connection with felonies for which the possession of the firearm was not an essential element, and which are not enumerated in section 775.087(2), Florida Statutes. Schmiel v. State, 727 So.2d 257 (Fla.1999); Asbell v. State, 715 So.2d 258 (Fla.1998). Because the appellant’s resisting offense is a misdemeanor, and possession of the firearm was an essential element of the carrying a concealed firearm offense, and burglary is an enumerated offense in section 775.087(2), the contested points should not have been assessed on the appellant’s scoresheet. Schmiel; Asbell.
The appealed order is accordingly reversed and the case is remanded.
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Cite This Page — Counsel Stack
746 So. 2d 1193, 1999 Fla. App. LEXIS 16717, 1999 WL 1136663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panico-v-state-fladistctapp-1999.