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White v. State

District Court of Appeal of Florida, Second District
Feb 26, 1999
728 So. 2d 322 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-04780

Opinion filed February 26, 1999.

Appeal from the Circuit Court for Hillsborough County; Debra K. Behnke, Judge.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

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


David White challenges his sentence imposed for grand theft of a firearm. He correctly contends that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where possession of a firearm is a necessary element of the offense. See Scott v. State, 718 So.2d 751 (Fla. 1998); White v. State, 714 So.2d 440 (Fla. 1998). The State concedes error. Accordingly, we reverse and remand for resentencing with a corrected scoresheet.

Reversed and remanded for resentencing.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.


Summaries of

White v. State

District Court of Appeal of Florida, Second District
Feb 26, 1999
728 So. 2d 322 (Fla. Dist. Ct. App. 1999)
Case details for

White v. State

Case Details

Full title:DAVID WHITE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 26, 1999

Citations

728 So. 2d 322 (Fla. Dist. Ct. App. 1999)

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