Davis v. State

Full title: CARLENE SCOTT DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 29, 1998

710 So. 2d 764 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3557

Opinion filed May 29, 1998 JANUARY TERM 1998

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

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, M., Senior Judge.

Defendant appeals from a sentence which includes 18 points for possession of a firearm. This court has previously held that 18 points may be assessed on a guidelines scoresheet for possession of a firearm, when the defendant is convicted only of the offense of possession of a firearm by a convicted felon. See Coleman v. State, 702 So.2d 307 (Fla. 5th DCA 1997); Ferry v. State, 701 So.2d 660 (Fla. 5th DCA 1997); Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996); Gardner v. State, 661 So.2d 1274 (Fla. 5th DCA 1995). We have previously certified conflict withGalloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996) and we do so again.

AFFIRMED.

GRIFFIN, C.J., and HARRIS, J., concur.