From Casetext: Smarter Legal Research

Boykin v. State

District Court of Appeal of Florida, First District
Nov 10, 1999
744 So. 2d 1205 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1336.

Opinion filed November 10, 1999.

An appeal from the Circuit Court for Escambia County, Laura N. Melvin, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Terri Le"n-Benner, Assistant Attorney General, Tallahassee, for Appellee.


At the time appellant was sentenced, the trial court was unaware of the supreme court's recently released opinion holding that additional points for possession of a firearm should not be assessed on a guidelines scoresheet when the defendant is convicted of possession of a firearm by a convicted felon. See Scott v. State, 717 So.2d 521 (Fla. 1998); King v. State, 715 So.2d 256 (Fla. 1998). Accordingly, we reverse appellant's sentence and remand for resentencing in this case after appellant's guidelines scoresheet has been corrected by the deletion of the erroneous 18 points.

BOOTH, MINER and KAHN, JJ., CONCUR.


Summaries of

Boykin v. State

District Court of Appeal of Florida, First District
Nov 10, 1999
744 So. 2d 1205 (Fla. Dist. Ct. App. 1999)
Case details for

Boykin v. State

Case Details

Full title:JAMES DANIEL BOYKIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 10, 1999

Citations

744 So. 2d 1205 (Fla. Dist. Ct. App. 1999)