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769 So. 2d 424

Rounds v. State

District Court of Appeal of Florida

Decided September 8, 2000

District Court of Appeal of Florida · decided 2000-09-08

Cited by 40 later decisions — most recently August 2016 · most notably 846 So. 2d 1273 - Bc v. Department of Child. and Families (2003), 773 So. 2d 615 - DD v. Dept. of Children and Families (2000)

40 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2000-09-08

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PLEUS, J.

¶1This is a second-degree attempted murder and improper display of a firearm case. Although Harry Rounds raises two issues on appeal, we address only one. Specifically, Rounds contends that the trial court erred by assessing 18 points on his sentencing guidelines scoresheet for his possession of a firearm. The state concedes error as to this point. We agree that the trial court’s assessment of the additional points was improper as those points may only be assessed “[i]f the offender is convicted of committing or attempting to commit any felony....” See § 921.0014(l)(b), Fla. Stat. (1997). Improperly exhibiting a dangerous weapon is a misdemeanor. See § 790.10, Fla. Stat. (1997). Accordingly, we remand the cause for resentencing based upon a corrected scoresheet.

¶2AFFIRMED in part; REMANDED for resentencing.

COBB and SAWAYA, JJ., concur.
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