Reynoso v. State

District Court of Appeal of Florida

Reynoso v. State

711 So. 2d 1239, 1998 Fla. App. LEXIS 5258, 1998 WL 236018

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1998

DocketNo. 98-00968

StatusPublished

This text of 711 So. 2d 1239 (Reynoso 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

Reynoso v. State, 711 So. 2d 1239, 1998 Fla. App. LEXIS 5258, 1998 WL 236018 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

Nelson Reynoso appeals the trial court’s order denying his motion for correction of sentence, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State concedes error, and we reverse.

In 1995, Reynoso was convicted of two counts of attempted first-degree murder with a firearm and was sentenced to two concurrent terms of 123.5 months in the Department of Corrections. Reynoso argues that in his sentencing guidelines scoresheet, he received twenty-five points that were illegally assessed.

The State points out that section 921.0014, Florida Statutes (1993), provides for the assessment of twenty-five points “[i]f the offender is convicted of committing or attempting to commit any felony other than those enumerated in section 775.087(2) while having in his possession a semi-automatic firearm -” (emphasis supplied.) However, Reynoso was convicted of attempted murder in the first-degree with a firearm which is a felony that is enumerated in section 775.087(2).

We agree that it was error to include twenty-five point's on Reynoso’s score-sheet pursuant to section 921.0014. See Thomas v. State, 685 So.2d 867 (Fla. 2d DCA 1996). However, Reynoso is subject tó an enhanced mandatory minimum sentence' in accordance with section 775.087(2), because of the possession of the semi-automatic firearm. See State v. Leatherwood, 561 So.2d 459 (Fla. 2d DCA 1990) (court required to impose mandatory sentence).

Accordingly, we reverse the order denying Reynoso’s motion to correct sentence and remand to the trial court with directions to remove the twenty-five points from the sentencing guidelines scoresheet. The trial court shall resentence Reynoso pursuant to a corrected scoresheet, imposing the mandatory minimum sentence required for use of a firearm in the commission of attempted murder.

Reversed and remanded.

PARKER, C.J., and WHATLEY and NORTHCUTT, JJ., concur.

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