Legal Opinion

Michael v. State

District Court of Appeal of Florida

Decided February 3, 1999No. 97-03246Published

1Opinion of the Court

NORTHCUTT, Judge.

Daniel Sean Michael challenges his sentence for possession of a firearm by a convicted felon, contending that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the sole underlying crime is possession of a firearm by a convicted felon. We agree and reverse and remand for resentenc-ing.

The Florida Supreme Court in White v. State, 714 So.2d 440 (Fla. 1998), held that it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed…

2Cases cited2 opinions

  1. White v. StateSupreme Court of Florida · 1998
  2. Patterson v. StateDistrict Court of Appeal of Florida · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API