Willingham v. State

874 So. 2d 685, 2004 Fla. App. LEXIS 7344, 2004 WL 1161642

Opinion

PER CURIAM.

We affirm appellant’s conviction, but reverse Ms sentence. The trial court added eighteen points to appellant’s scoresheet because there was evidence that he used a firearm; however, the criminal punishment code scoresheet, under which appellant was sentenced, provides that additional points for possession of a firearm are assessed if the offender is convicted of “any felony other than those enumerated in section 775.087(2), Florida Statutes.” § 921.0024(l)(b), Fla. Stat. (2001) (Worksheet Key). The crime, second degree murder, is listed in section 775.087(2), and accordingly the points for possession of a firearm should not have been added to the scoresheet. We accordingly reverse for resentencing.

STONE, KLEIN and TAYLOR, JJ., concur.