Hall v. State

Full title: TELFA DEAN HALL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 21, 1999

No. 98-1080 (Fla. Dist. Ct. App. May. 21, 1999)

Opinion

No. 98-1080.

Opinion filed May 21, 1999.

Appeal from the Circuit Court for Orange County, Charles N. Prather, Judge.

James B. Gibson, Public Defender, and Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Telfa Dean Hall appeals his conviction and sentence for possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1997).

We summarily affirm the conviction but vacate the sentence and remand for resentencing because 25 points were assessed in error on appellant's scoresheet for possession of a firearm. The decision in White v. State, 714 So.2d 440 (Fla. 1998) precludes the additional sentencing points when a felony conviction is specifically predicated upon the possession of a firearm.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.

GRIFFIN, C.J., PETERSON and THOMPSON, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.