In December 1997, a jury found Michael Kelly guilty of robbery with a firearm, a violation of section 812.13, Florida Statutes (1995). The court sentenced him to the maximum sentence permitted by the 1995 guidelines, but that sentence was reversed pursuant to Heggs v. State,
Section 921.0014(1), Florida Statutes (1995), and Florida Rule of Criminal Procedure 3.702(12) provide that 18 points are assessed for possession of firearm during the commission of any felony other than those enumerated in section 775.087(2), Florida Statutes (1995). Kelly’s crime, robbery, is one of the enumerated felonies. Therefore, the 18 points were incorrectly added to his scoresheet. Gibson v. State,
Reversed and remanded.
