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685 So. 2d 867

Thomas v. State

District Court of Appeal of Florida

Decided October 16, 1996

District Court of Appeal of Florida · decided 1996-10-16

Cited by 3 later decisions — most recently January 2001

3 state decisions

Relies on 667 So. 2d 1018 - Palmer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-16

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PER CURIAM.

¶1The appellant, Corey Ray Thomas, challenges the judgment and sentence imposed upon him after a jury found him 'guilty of robbery with a weapon, a first degree felony. We affirm the judgment but reverse the sentence.

¶2We find no merit in appellant’s contention that there was reversible error regarding his conviction of robbery and, accordingly, affirm the judgment. The trial court, however, did err in sentencing appellant because eighteen points were erroneously added to the guidelines scoresheet point total for possession of a firearm.

¶3Section 921.0014, Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.702 provide that eighteen points are assessed for possession of a firearm while committing or attempting to commit any felony other than those felonies enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one of the felonies enumerated in section 775.087(2) and, therefore, eighteen points may not be added to the scoresheet for possession of a firearm during the commission of the felony.1See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996).

¶4Since the eighteen points should not have been added to appellant’s scoresheet, we reverse the sentence and remand for recalculation of the scoresheet and resentencing.

¶5Affirmed in part, reversed in part, and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and LAZZARA, JJ., concur.

¶6. Wc also note that the appellant was not charged with and the state did not establish that he was in possession of a firearm.

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