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8 So. 3d 1203

Docket No. 5D09-839.

DP v. State

D.P., a Child, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 2009-04-24

Cited by 2 later decisions — most recently January 2018

2 state decisions

Key passage — most relied on by later courts

“Because the firearm possession was already factored into the initial scoring often points [for the charge of carrying a concealed firearm], it could not be used again without impermissibly double scoring the same conduct already accounted for in the RAI.”

quoted by 1 later decision, including 242 So. 3d 1069 - J.S. v. Seeber

Relies on 872 So. 2d 343 - DG v. Miles · 684 So. 2d 310 - PAJ v. Gnat

Good law ✅— No negative treatment on recordhow we know

Decided 2009-04-24

View the full empirical analysis of this case →

¶1Robert Wesley, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Orlando, for Petitioner.

¶2No Appearance for Respondent.

¶3PER CURIAM.

¶4We granted by unpublished order the petition for writ of habeas corpus filed by D.P., a juvenile, challenging his continued secure detention, based upon an allegedly improperly scored Risk Assessment Instrument (RAI). We now write to explain the order.

¶5D.P. is sixteen years of age and was charged with the offense of carrying a concealed firearm. Under section 3 of the RAI, he was given ten points for a third-degree felony involving the use and possession of a firearm. He was also scored an additional three points under that same *1204 section for the aggravating circumstance of illegal possession of a firearm. This resulted in a score exceeding the twelve points necessary for secure detention. Because the firearm possession was already factored into the initial scoring of ten points, it could not be used again without impermissibly double scoring the same conduct already accounted for in the RAI. P.A.J. v. Gnat,684 So.2d 310 (Fla. 1st DCA 1996); D.G. v. Miles,872 So.2d 343 (Fla. 2d DCA 2004). Consequently, D.P. was ineligible for secure detention because he scored less than twelve points.

¶6PETITION FOR HABEAS CORPUS GRANTED.

¶7MONACO, EVANDER and COHEN, JJ., concur.

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