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BABCOCK v. STATE

No. 94-3873.

666 So.2d 953 (1996)

Clarence BABCOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 4, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General; Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Babcock pleaded guilty to murder in the first degree, armed burglary, and possession of a firearm by a convicted felon. Babcock argues and the State concedes that he cannot be assessed points on his sentencing guidelines scoresheet for the additional offense of possession of a firearm by a convicted felon because he was sentenced on this offense as an habitual violent felony offender. See Byrd v. State, 643 So.2d 1209

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