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Lane v. State

District Court of Appeal of Florida, Fifth District
Dec 31, 1998
722 So. 2d 288 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-152.

December 31, 1998.

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

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

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


Appellant was convicted of aggravated assault with a deadly weapon (a shotgun), possession of a short barreled shotgun and improper exhibition of a firearm, and objected to the inclusion of eighteen points on the sentencing scoresheet for firearm possession. The state concedes that the inclusion of these points for firearm possession was error. White v. State, 714 So.2d 440 (Fla. 1998). A corrected scoresheet must be used.

CONVICTION AFFIRMED. SENTENCE REVERSED AND REMANDED FOR RE-SENTENCING.

COBB and PETERSON, JJ., and ORFINGER, M., Senior Judge, concur.


Summaries of

Lane v. State

District Court of Appeal of Florida, Fifth District
Dec 31, 1998
722 So. 2d 288 (Fla. Dist. Ct. App. 1998)
Case details for

Lane v. State

Case Details

Full title:Cartharo LANE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 31, 1998

Citations

722 So. 2d 288 (Fla. Dist. Ct. App. 1998)

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