Whittaker v. State

District Court of Appeal of Florida

Whittaker v. State

734 So. 2d 1152, 1999 Fla. App. LEXIS 7212, 1999 WL 346129

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1999

DocketNo. 98-02016

StatusPublished

This text of 734 So. 2d 1152 (Whittaker 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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Whittaker v. State, 734 So. 2d 1152, 1999 Fla. App. LEXIS 7212, 1999 WL 346129 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

James A. Whittaker appeals the final judgment and sentence entered after a jury found him guilty of grand theft of a firearm and simple trespass. We affirm the convictions; however, we reverse and remand for the trial court to correct the judgment and impose a new sentence.

Whittaker correctly argues that under Scott v. State, 718 So.2d 751, 751-52 (Fla. [1153]*11531998), it is improper to enhance the offense for use of a firearm when the felony convicted of was grand theft of a firearm. See also Fla. R.Crim. P. 3.702(d)(12). Whit-taker did not commit any other felonies after he took the victim’s gun. The jury convicted him of simple trespass, which is a first-degree misdemeanor. It was error for the trial court to assess an additional eighteen points on the sentencing guidelines scoresheet. We affirm Whittaker’s convictions; however, we reverse and remand for correction of the sentencing guidelines scoresheet and for resentencing.

PARKER, C.J., and PATTERSON and CASANUEVA, JJ„ Concur.

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PER CURIAM.

James A. Whittaker appeals the final judgment and sentence entered after a jury found him guilty of grand theft of a firearm and simple trespass. We affirm the convictions; however, we reverse and remand for the trial court to correct the judgment and impose a new sentence.

Whittaker correctly argues that under Scott v. State, 718 So.2d 751, 751-52 (Fla. [1153]*11531998), it is improper to enhance the offense for use of a firearm when the felony convicted of was grand theft of a firearm. See also Fla. R.Crim. P. 3.702(d)(12). Whit-taker did not commit any other felonies after he took the victim’s gun. The jury convicted him of simple trespass, which is a first-degree misdemeanor. It was error for the trial court to assess an additional eighteen points on the sentencing guidelines scoresheet. We affirm Whittaker’s convictions; however, we reverse and remand for correction of the sentencing guidelines scoresheet and for resentencing.

PARKER, C.J., and PATTERSON and CASANUEVA, JJ„ Concur.

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Bluebook (online)

734 So. 2d 1152, 1999 Fla. App. LEXIS 7212, 1999 WL 346129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittaker-v-state-fladistctapp-1999.

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