Moody v. State
District Court of Appeal of Florida
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
- White v. StateSupreme Court of Florida · 1998
- McClain v. StateDistrict Court of Appeal of Florida · 1980
- Chambers v. StateDistrict Court of Appeal of Florida · 1997
- Fisher v. StateSupreme Court of Florida · 1998