Opinion
No. 97-04117
Opinion filed February 26, 1999.
Appeal from the Circuit Court for Hillsborough County; Debra K. Behnke, Judge.
James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Steven Looney challenges his sentence for carrying a concealed firearm. He correctly contends that it was error for the trial court to assess eighteen additional sentencing points for possessing a firearm where the underlying crime was carrying a concealed firearm. See White v. State, 714 So.2d 440 (Fla. 1998). The State concedes error but contends that it is harmless error because Looney's sentence, with a corrected scoresheet, would be unchanged. Although we agree with the State that the sentence Looney is now serving would not change, the scoresheet error could affect a subsequent sentence should Looney violate his probation. Accordingly, we remand with instructions to the trial court to correct the scoresheet.
Sentence affirmed; remanded with instructions to correct the scoresheet.
THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.