Opinion
No. 97-01261.
January 22, 1999.
Appeal from the Circuit court for Polk County; E. Randolph Bentley, Judge.
Mary E. Harlan of Law Office Mary E. Harlan, Lakeland, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, Dale E. Tarpley, Assistant Attorney General, Tampa, for appellee.
The State concedes that the trial court erred in assessing points on the sentencing guidelines scoresheet for possession of a firearm when the underlying conviction was for possession of a firearm by a convicted felon.
In White v. State, 714 So.2d 440 (Fla. 1998), the court held that section 921.0014, Florida Statutes (Supp.1994), and Florida Rule of Criminal Procedure 3.702(d)(12) do not provide for enhancement of sentences for crimes of which possession of a firearm is an essential element. Spivey was convicted felon; therefore, assessing extra scoresheet points for firearm possession is prohibited by White.
Reversed and remanded for resentencing in accordance with this opinion.
ALTENBERND, A.C.J., and BLUE and WHATLEY, JJ., Concur.