Legal Opinion

Dacosta v. State

District Court of Appeal of Florida

Decided April 3, 1996No. 95-2253PublishedCited by 2 opinions

1Per curiam

The convictions below are affirmed. See State v. Anderson, 537 So.2d 1373 (Fla.1989). As in Shepherd v. State, 661 So.2d 426, 426-27 (Fla. 3d DCA 1995), however:

Because the sentence included the three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1993), it was error, as the state concedes, for the guidelines scoresheet to include an 18 point addition for “possession of a firearm.” Section 921.0014, Florida Statutes (1993) specifically provides that the additional sentence points for carrying a firearm may be imposed only for felonies “other than those…

2Cases cited3 opinions

  1. State v. AndersonSupreme Court of Florida · 1989
  2. Palmer v. StateDistrict Court of Appeal of Florida · 1996
  3. Shepherd v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Davis v. StateDistrict Court of Appeal of Florida · 1997
  2. Shabazz v. StateDistrict Court of Appeal of Florida · 1996

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