TORRES v. STATE

No. 5D02-3078.

847 So.2d 614 (2003)

Jody TORRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 2003.


Attorney(s) appearing for the Case

Kurt Erlenbach of Kurt Erlenbach, P.A., Titusville, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Torres appeals an order resentencing him for attempted second degree murder with a firearm, robbery with a firearm and shooting into an occupied motor vehicle. He argues that the lower court erred in assessing 18 points for possession of a firearm on the shooting into an occupied motor vehicle count because the firearm he possessed was not used in the commission of that crime. We affirm.

Torres was convicted and sentenced for the above mentioned...

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