Public-domain · open source
OpenJurist

720 So. 2d 242

720 So.2d 242

23 Fla.L.WeeklySupp. 571

Davis v. State

Supreme Court of Florida

Decided October 29, 1998

Supreme Court of Florida · decided 1998-10-29

Cited by 1 later decisions — most recently February 2002

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1998-10-29

View the full empirical analysis of this case →

PER CURIAM.

¶1We have for review the decision in Davis v. State, 710 So.2d 764 (Fla. 5th DCA 1998), 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 possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2We recently 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 carrying or 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, additional sentencing points for carrying or possessing a firearm during the commission of a crime may not be assessed against a defendant’s sentencing score where the carrying or possessing of a firearm is the essential element of the underlying offense. Id. at 443-44. In so holding, we approved the opinion in Galloway.

¶3Therefore, in accordance with our decision in White, we quash the decision below.

¶4It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, ANSTEAD and PARIENTE, JJ., concur.WELLS, J., dissents.
/720/so2d/242 · .json · Public domain