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Bland v. State

District Court of Appeal of Florida, Second District
Oct 28, 1998
720 So. 2d 599 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-04405.

October 28, 1998.

Appeal from the Circuit Court for Pasco County; Lynn Tepper, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellee.


We have expedited this appeal upon Timothy Bland's motion and the State's confession of error. Bland was sentenced to 25.95 months' incarceration for possession of a firearm by a convicted felon. This sentence was based upon an incorrectly scored guidelines scoresheet. Bland's scoresheet contained eighteen points for firearm possession while he was convicted solely of a firearm possession offense. Bland objected to the imposition of these points at sentencing, and in light of White v. State, 714 So.2d 440 (Fla. 1998), his objection has merit. We therefore reverse his sentence and remand this case to the trial court to sentence Bland with a properly prepared scoresheet.

CAMPBELL, A.C.J., and GREEN and CASANUEVA, JJ., concur.


Summaries of

Bland v. State

District Court of Appeal of Florida, Second District
Oct 28, 1998
720 So. 2d 599 (Fla. Dist. Ct. App. 1998)
Case details for

Bland v. State

Case Details

Full title:Timothy BLAND, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 28, 1998

Citations

720 So. 2d 599 (Fla. Dist. Ct. App. 1998)