State v. Scott

Full title: STATE OF FLORIDA, APPELLANT, v. JAMES E. SCOTT, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 18, 1997

692 So. 2d 234 (Fla. Dist. Ct. App. 1997)

Opinion

No. 96-969.

April 18, 1997.

An appeal from the Circuit Court, Brevard County, Jere E. Lober, J.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellee.

THOMPSON, Judge.

The state appeals the trial court's failure to assess James E. Scott eighteen scoresheet points at sentencing. We reverse the sentence of probation and remand for resentencing.

Scott pleaded guilty to two counts of dealing in stolen property, grand theft of a firearm and grand theft. Eighteen points should have been added to the scoresheet for the conviction of grand theft of a firearm. See e.g., Smith v. State, 683 So.2d 577 (Fla. 5th DCA 1996); State v. Davidson, 666 So.2d 941 (Fla. 2d DCA 1995); contra, Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996). The failure to do so resulted in a departure sentence of probation instead of incarceration.

REVERSED AND REMANDED for resentencing consistent with this opinion.

W. SHARP and GOSHORN, JJ., concur.