SMITH v. STATE

No. 88-2745.

555 So.2d 973 (1990)

Henry Joseph SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 26, 1990.


Attorney(s) appearing for the Case

Michael G. Allen of Eddins, Allen, Werre & Cooper, Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

Henry Joseph Smith appeals from a judgment and sentence, raising several issues for review. The State concedes that the trial court erred in scoring two life felonies as primary offenses at conviction when Smith was convicted of kidnapping with a firearm under count IV, a life felony, and simple kidnapping under count V, a first-degree felony punishable by life. Count V should have been scored as an additional offense at conviction. The State also...

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