Theodore v. State

District Court of Appeal of Florida

Decided December 18, 1998

District Court of Appeal of Florida · decided 1998-12-18

Cited by 1 later decisions — most recently February 2003

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-18

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PER CURIAM.

¶1Jason Theodore pled no contest to the charge of carrying a concealed firearm,1 specifically reserving his right to appeal the trial court’s imposition of eighteen sentencing points for the firearm possession.2 We strike the eighteen sentencing points as error because additional points cannot be scored for the presence of a firearm when the only offense charged was possession of a firearm as an essential element. See White v. State, 714 So.2d 440 (Fla.1998).

¶2Judgment AFFIRMED; sentence VACATED; cause REMANDED.

W. SHARP, PETERSON and ANTOON, JJ., concur.

¶3. § 790.01(2), Fla. Slat. (1997).

¶4. Fla. R.Crim. P. 3.702(12).