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692 So. 2d 234

State v. Scott

District Court of Appeal of Florida · decided 1997-04-18

Cited by 5 later decisions — most recently August 1998

5 state decisions

Relies on Galloway v. State · 666 So. 2d 941 - State v. Davidson · 683 So. 2d 577 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-18

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THOMPSON, Judge.

¶1The state appeals the trial court’s failure to assess James E. Scott eighteen scoresheet points at sentencing. We reverse the sentence of probation and remand for resentenc-ing.

¶2Scott pleaded guilty to two counts of dealing in stolen property, grand theft of a firearm and grand theft. Eighteen points should have been added to the scoresheet for the conviction of grand theft of a firearm. See e.g., Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996); State v. Davidson, 666 So.2d 941 (Fla. 2d DCA 1995); contra, Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996). The failure to do so resulted in a departure sentence of probation instead of incarceration.

¶3REVERSED AND REMANDED for re-sentencing consistent with this opinion.

W. SHARP and GOSHORN, JJ., concur.
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