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713 So. 2d 987

Docket No. 92134.

Coleman v. State

Alvin COLEMAN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided June 12, 1998.

Supreme Court of Florida · decided 1998-06-12

Cited by 4 later decisions — most recently December 2008

4 state decisions

Relies on 714 So. 2d 440 - White v. State · Galloway v. State · Coleman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-12

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¶1*988 James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner.

¶2Robert A. Butterworth, Attorney General, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Respondent.

¶3PER CURIAM.

¶4We have for review the decision in Coleman v. State,702 So.2d 307 (Fla. 5th DCA 1997), which certified conflict with the opinion in Galloway v. State,680 So.2d 616 (Fla. 4th DCA 1996), concerning the issue of whether additional sentencing points for carrying or possessing a firearm during the commission of a crime may be added to a defendant's sentencing score where the defendant is convicted of carrying a concealed weapon or possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶5Recently, we resolved this conflict in White v. State,714 So.2d 440 (Fla.1998), wherein we 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 firearm or possession of a firearm by a convicted felon. In other words, rule 3.702(d)(12) of the Florida Rules of Criminal Procedure and section 921.0014, Florida Statutes (1993), do not contemplate the addition of sentencing points for carrying or possessing a firearm where the carrying or possession of a firearm is the essential element of the underlying offense. In so holding, we approved the Fourth District's decision in Galloway.

¶6Therefore, in accordance with our decision in White, we quash the decision below.

¶7It is so ordered.

¶8KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.

¶9WELLS, J., dissents.

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