Opinion
Case No. 1D00-3802.
June 21, 2001. Rehearing Denied July 18, 2001.
An appeal from the Circuit Court for Jackson County. Judge Judy Pittman.
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General and Thomas H. Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
We reverse the order denying the appellant's motion to vacate his conviction and sentence for possession of a firearm by a violent career criminal. The supreme court declared the underlying statute unconstitutional in State v. Thompson, 750 So.2d 643 (Fla. 1999), and the appellant has asserted a timely challenge to the validity of the statute. Because the invalid conviction for possession of a firearm by a violent career criminal was included in the computation of the sentencing guidelines, we must also reverse the sentences imposed on the remaining charges, with instructions to resentence the appellant for these charges based on a corrected score sheet.
Reversed and remanded.
BARFIELD, C.J., KAHN and PADOVANO, JJ., CONCUR.