Robinson v. State

District Court of Appeal of Florida

Robinson v. State

728 So. 2d 340, 1999 Fla. App. LEXIS 2668, 1999 WL 129462

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1999

DocketNo. 98-1543

StatusPublished

This text of 728 So. 2d 340 (Robinson 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.

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Robinson v. State, 728 So. 2d 340, 1999 Fla. App. LEXIS 2668, 1999 WL 129462 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Appellant was sentenced as an habitual felony offender to 64.05 months for possession of a firearm by a convicted felon, pursuant to a plea agreement which specified the prosecutor would recommend an habitual felony offender sentence in accordance with the low end of the sentencing range under the guidelines. The trial court and the prosecutor expressly recognized that appellant reserved his right to appeal the eighteen points for firearm possession which were included in the guidelines score, where appellant was convicted and sentenced solely of a firearm possession offense and two misdemeanors. Counsel for the state properly concedes that under the decision in White v. State, 714 So.2d 440 (Fla.1998), appellant’s sentence should be reversed and remanded for re-sentencing, based upon a corrected score-sheet.

Accordingly, we reverse the sentence imposed for possession of a firearm by a convicted felon, and remand this cause for re-sentencing based upon a corrected guidelines calculation.

JOANOS, MINER and DAVIS, JJ., CONCUR.

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PER CURIAM.

Appellant was sentenced as an habitual felony offender to 64.05 months for possession of a firearm by a convicted felon, pursuant to a plea agreement which specified the prosecutor would recommend an habitual felony offender sentence in accordance with the low end of the sentencing range under the guidelines. The trial court and the prosecutor expressly recognized that appellant reserved his right to appeal the eighteen points for firearm possession which were included in the guidelines score, where appellant was convicted and sentenced solely of a firearm possession offense and two misdemeanors. Counsel for the state properly concedes that under the decision in White v. State, 714 So.2d 440 (Fla.1998), appellant’s sentence should be reversed and remanded for re-sentencing, based upon a corrected score-sheet.

Accordingly, we reverse the sentence imposed for possession of a firearm by a convicted felon, and remand this cause for re-sentencing based upon a corrected guidelines calculation.

JOANOS, MINER and DAVIS, JJ., CONCUR.

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728 So. 2d 340, 1999 Fla. App. LEXIS 2668, 1999 WL 129462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-fladistctapp-1999.

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