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796 So. 2d 578

Kelly v. State

District Court of Appeal of Florida

Decided September 7, 2001

District Court of Appeal of Florida · decided 2001-09-07

Cited by 2 later decisions — most recently April 2017

2 state decisions

Relies on Heggs v. State · Kelly v. State · Pearson v. Cobb

Good law ✅— No negative treatment on recordhow we know

Decided 2001-09-07

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NORTHCUTT, Judge.

¶1In December 1997, a jury found Michael Kelly guilty of robbery with a firearm, a violation of section 812.13, Florida Statutes (1995). The court sentenced him to the maximum sentence permitted by the 1995 guidelines, but that sentence was reversed pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). Kelly v. State, 765 So.2d 882 (Fla. 2d DCA 2000). At resentencing, the State prepared a new scoresheet under the 1994 guidelines. Over Kelly’s objection, 18 points for the use of a firearm were added to the scoresheet. In this appeal, Kelly challenges the addition of those points, and the State concedes error.

¶2Section 921.0014(1), Florida Statutes (1995), and Florida Rule of Criminal Procedure 3.702(12) provide that 18 points are assessed for possession of firearm during the commission of any felony other than those enumerated in section 775.087(2), Florida Statutes (1995). Kelly’s crime, robbery, is one of the enumerated felonies. Therefore, the 18 points were incorrectly added to his scoresheet. Gibson v. State, 713 So.2d 1069 (Fla. 2d DCA 1998). We reverse and remand for resentencing under a properly prepared scoresheet.

¶3Reversed and remanded.

ALTENBERND, A.C.J., and CASANUEVA, J., Concur.
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