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THEODORE v. STATE

No. 98-1012.

722 So.2d 271 (1998)

Jason THEODORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 18, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jason Theodore pled no contest to the charge of carrying a concealed firearm,1 specifically reserving his right to appeal the trial court's imposition of eighteen sentencing points for the firearm possession.2 We strike the eighteen sentencing points as error because additional points cannot be scored for the presence of a firearm when the only offense charged was possession of a firearm as an essential...

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