State v. Scott

District Court of Appeal of Florida

State v. Scott

692 So. 2d 234, 1997 Fla. App. LEXIS 4336, 1997 WL 185895

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1997

DocketNo. 96-969

StatusPublished

Cited by5 cases

This text of 692 So. 2d 234 (State v. Scott) 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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State v. Scott, 692 So. 2d 234, 1997 Fla. App. LEXIS 4336, 1997 WL 185895 (Fla. Ct. App. 1997).

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Opinion

THOMPSON, Judge.

The state appeals the trial court’s failure to assess James E. Scott eighteen scoresheet points at sentencing. We reverse the sentence of probation and remand for resentenc-ing.

Scott pleaded guilty to two counts of dealing in stolen property, grand theft of a firearm and grand theft. Eighteen points should have been added to the scoresheet for the conviction of grand theft of a firearm. See e.g., Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996); State v. Davidson, 666 So.2d 941 (Fla. 2d DCA 1995); contra, Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996). The failure to do so resulted in a departure sentence of probation instead of incarceration.

REVERSED AND REMANDED for re-sentencing consistent with this opinion.

W. SHARP and GOSHORN, JJ., concur.

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