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Looney v. State

District Court of Appeal of Florida, Second District
Feb 26, 1999
728 So. 2d 321 (Fla. Dist. Ct. App. 1999)

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.


Summaries of

Looney v. State

District Court of Appeal of Florida, Second District
Feb 26, 1999
728 So. 2d 321 (Fla. Dist. Ct. App. 1999)
Case details for

Looney v. State

Case Details

Full title:STEVEN J. LOONEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 26, 1999

Citations

728 So. 2d 321 (Fla. Dist. Ct. App. 1999)

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