Rounds v. State

District Court of Appeal of Florida

Rounds v. State

769 So. 2d 424, 2000 Fla. App. LEXIS 11485, 2000 WL 1268815

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 2000

DocketNo. 5D99-2712

StatusPublished

Cited by1 cases

This text of 769 So. 2d 424 (Rounds 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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Rounds v. State, 769 So. 2d 424, 2000 Fla. App. LEXIS 11485, 2000 WL 1268815 (Fla. Ct. App. 2000).

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Opinion

PLEUS, J.

This is a second-degree attempted murder and improper display of a firearm case. Although Harry Rounds raises two issues on appeal, we address only one. Specifically, Rounds contends that the trial court erred by assessing 18 points on his sentencing guidelines scoresheet for his possession of a firearm. The state concedes error as to this point. We agree that the trial court’s assessment of the additional points was improper as those points may only be assessed “[i]f the offender is convicted of committing or attempting to commit any felony....” See § 921.0014(l)(b), Fla. Stat. (1997). Improperly exhibiting a dangerous weapon is a misdemeanor. See § 790.10, Fla. Stat. (1997). Accordingly, we remand the cause for resentencing based upon a corrected scoresheet.

AFFIRMED in part; REMANDED for resentencing.

COBB and SAWAYA, JJ., concur.

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PLEUS, J.

This is a second-degree attempted murder and improper display of a firearm case. Although Harry Rounds raises two issues on appeal, we address only one. Specifically, Rounds contends that the trial court erred by assessing 18 points on his sentencing guidelines scoresheet for his possession of a firearm. The state concedes error as to this point. We agree that the trial court’s assessment of the additional points was improper as those points may only be assessed “[i]f the offender is convicted of committing or attempting to commit any felony....” See § 921.0014(l)(b), Fla. Stat. (1997). Improperly exhibiting a dangerous weapon is a misdemeanor. See § 790.10, Fla. Stat. (1997). Accordingly, we remand the cause for resentencing based upon a corrected scoresheet.

AFFIRMED in part; REMANDED for resentencing.

COBB and SAWAYA, JJ., concur.

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Bluebook (online)

769 So. 2d 424, 2000 Fla. App. LEXIS 11485, 2000 WL 1268815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rounds-v-state-fladistctapp-2000.

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