Legal Opinion

Moody v. State

District Court of Appeal of Florida

Decided September 25, 1998No. 97-2927Published

1Per curiam

The defendant’s convictions are affirmed. See Chambers v. State, 692 So.2d 210 (Fla. 5th DCA 1997); McClain v. State, 383 So.2d 1146 (Fla. 4th DCA), rev. denied, 392 So.2d 1376 (Fla.1980). It was error to assess 18 points on the defendant’s scoresheet for possession of a firearm. See Fisher v. State, 23 Fla. L. Weekly S422, 718 So.2d 753 (Fla.1998); White v. State, 714 So.2d 440 (Fla.1998). The sentences imposed are within the 25% deviation permitted under the guidelines. See Fla. R.Crim. P. 3.702(d)(18). Nevertheless, we reverse and remand for resentencing so as to allow the trial court, at…

2Cases cited4 opinions

  1. White v. StateSupreme Court of Florida · 1998
  2. McClain v. StateDistrict Court of Appeal of Florida · 1980
  3. Chambers v. StateDistrict Court of Appeal of Florida · 1997
  4. Fisher v. StateSupreme Court of Florida · 1998

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