Michael v. State
District Court of Appeal of Florida
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
- White v. StateSupreme Court of Florida · 1998
- Patterson v. StateDistrict Court of Appeal of Florida · 1999