Legal Opinion

Gibson v. State

District Court of Appeal of Florida

Decided July 10, 1998No. 96-01456PublishedCited by 1 opinion

1Per curiam

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant, Preston Gibson, raises a sentencing issue that has merit. We affirm the convictions but reverse the sentences and remand for resentencing.

Appellant was convicted of multiple counts of armed robbery, attempted armed robbery, and grand theft. A guidelines scoresheet was calculated listing armed robbery as the primary offense. The scoresheet included eighteen points for possession of a firearm. This was error. See Thomas v. State, 685 So.2d 867 (Fla. 2d DCA 1996); see also…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Thomas v. StateDistrict Court of Appeal of Florida · 1996
  3. Neal v. StateDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. Kelly v. StateDistrict Court of Appeal of Florida · 2001

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