Public-domain · open source
OpenJurist

721 So. 2d 717

721 So.2d 717

23 Fla.L.WeeklySupp. 571

Daniels v. State

Supreme Court of Florida

Decided October 29, 1998

Supreme Court of Florida · decided 1998-10-29

Cited by 3 later decisions — most recently November 2011

3 state decisions

Relies on 714 So. 2d 440 - White v. State · Galloway v. State · Daniels 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 Daniels v. State, 709 So.2d 626 (Fla. 2d 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 may be assessed to the defendant’s sentencing scoresheet pursuant to Florida Rule of Criminal Procedure 3.702(d)(12) where the defendant’s sole offense is carrying a concealed weapon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2We recently resolved this issue in White v. State, 714 So.2d 440 (Fla.1998), wherein we held that additional sentencing points for possessing or carrying a firearm may not be assessed against a defendant where the sole underlying offense is carrying a concealed weapon or possession of a firearm by a convicted felon. We reasoned that 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 such act is the essential element of the underlying offense. 714 So.2d at 443. In so holding, we approved the Fourth District’s opinion in Galloway.

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

¶4It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGÁN, ANSTEAD and PARIENTE, JJ., concur.WELLS, J., dissents.
/721/so2d/717 · .json · Public domain