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Theodore v. State

722 So. 2d 271, 1998 Fla. App. LEXIS 15963, 1998 WL 879570
CourtDistrict Court of Appeal of Florida
DecidedDecember 18, 1998
DocketNo. 98-1012
StatusPublished

This text of 722 So. 2d 271 (Theodore 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
Theodore v. State, 722 So. 2d 271, 1998 Fla. App. LEXIS 15963, 1998 WL 879570 (Fla. Ct. App. 1998).

Opinion

PER CURIAM.

Jason Theodore pled no contest to the charge of carrying a concealed firearm,1 specifically reserving his right to appeal the trial court’s imposition of eighteen sentencing points for the firearm possession.2 We strike the eighteen sentencing points as error because additional points cannot be scored for the presence of a firearm when the only offense charged was possession of a firearm as an essential element. See White v. State, 714 So.2d 440 (Fla.1998).

Judgment AFFIRMED; sentence VACATED; cause REMANDED.

W. SHARP, PETERSON and ANTOON, JJ., concur.

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Related

White v. State
714 So. 2d 440 (Supreme Court of Florida, 1998)

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Bluebook (online)
722 So. 2d 271, 1998 Fla. App. LEXIS 15963, 1998 WL 879570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theodore-v-state-fladistctapp-1998.