No. 93135 | Fla. | Oct 29, 1998
We have for review the decision in Davis v. State, 710 So. 2d 764" date_filed="1998-05-29" court="Fla. Dist. Ct. App." case_name="Davis v. State">710 So.2d 764 (Fla. 5th DCA 1998), which certified conflict with the opinion in Galloway v. State, 680 So. 2d 616" date_filed="1996-10-09" court="Fla. Dist. Ct. App." case_name="Galloway v. State">680 So.2d 616 (Fla. 4th DCA 1996), concerning the issue of whether additional sentencing points for carrying or possessing a firearm during the commission of a crime may be added to a defendant’s sentencing score where the defendant is convicted of possession of a firearm by a convicted felon. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We recently resolved this conflict in White v. State, 714 So. 2d 440" date_filed="1998-06-12" court="Fla." case_name="White v. State">714 So.2d 440 (Fla.1998), wherein we held that it is error for a trial court to assess additional sentencing points for carrying or possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. In other words, additional sentencing points for carrying or possessing a firearm during the commission of a crime may not be assessed against a defendant’s sentencing score where the carrying or possessing of a firearm is the essential element of the underlying offense. Id. at 443-44. In so holding, we approved the opinion in Galloway.
Therefore, in accordance with our decision in White, we quash the decision below.
It is so ordered.