Michael v. State

Full title: DANIEL SEAN MICHAEL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Feb 3, 1999

727 So. 2d 996 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-03246

Opinion filed February 3, 1999.

Appeal from the Circuit Court, Manatee County, Janette Dunnigan, Judge.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Daniel Sean Michael challenges his sentence for possession of a firearm by a convicted felon, contending that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the sole underlying crime is possession of a firearm by a convicted felon. We agree and reverse and remand for resentencing.

The Florida Supreme Court in White v. State, 714 So.2d 440 (Fla. 1998), held that it is error for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. The State concedes error. See Patterson v. State, Case No. 98-01878 (Fla. 2d DCA Jan. 6, 1999).

Reversed and remanded for resentencing.

FULMER, A.C.J., and CASANUEVA, J., Concur.