State v. Vela

The state challenges a sentencing order, which struck eighteen points from the guidelines scoresheet of the appellee, Hugo U. Vela, relative to his 1996 convictions for carrying a concealed weapon and resisting an officer without violence. We reverse and remand for resentencing, based on score-sheet error.

Eighteen points for possession of a firearm during the commission of a felony were originally added to Vela’s guidelines score pursuant to Florida Rule of Criminal Procedure 3.703(d)(19). Rule 3.703(d)(19) is a provision of the amended 1994 sentencing guidelines and is essentially the same…