Spivey v. State

District Court of Appeal of Florida

Spivey v. State

748 So. 2d 1040, 1999 Fla. App. LEXIS 17995, 1999 WL 1330925

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1999

DocketNo. 97-01261

StatusPublished

This text of 748 So. 2d 1040 (Spivey 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

Spivey v. State, 748 So. 2d 1040, 1999 Fla. App. LEXIS 17995, 1999 WL 1330925 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

The State concedes that the trial court erred in assessing points on the sentencing guidelines scoresheet for possession of a firearm when the underlying conviction [1041]*1041was for possession of a firearm by a convicted felon.

In White v. State, 714 So.2d 440 (Fla. 1998), the court held that section 921.0014, Florida Statutes (Supp.1994), and Florida Rule of Criminal Procedure 3.702(d)(12) do not provide for enhancement of sentences for crimes of which possession of a firearm is an essential element. Spivey was convicted of possession of a firearm by a convicted felon; therefore, assessing extra scoresheet points for firearm possession is prohibited by White.

Reversed and remanded for resentenc-ing in accordance with this opinion.

ALTENBERND, A.C.J., and BLUE and WHATLEY, JJ., Concur.

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