Carder v. State

Carder pled guilty to possession of a firearm by a convicted felon,1 one count of improper exhibition of a firearm (a misdemeanor),2 and two counts of driving with license suspended or revoked.3 On appeal, he challenges his sentences on the ground his sentencing score was unlawfully enhanced pursuant to Florida Rule of Criminal Procedure 3.702(12), by adding 25 points for carrying a semi-automatic firearm. The defense objected to the assessment of the 25 points at sentencing, and the trial court acknowledged that the result would be decisive in this case.

Carder timely appealed and moved for…