WILLINGHAM v. STATE

No. 4D02-1883.

874 So.2d 685 (2004)

Joshua WILLINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 26, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tara A. Finnigan, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction, but reverse his sentence. The trial court added eighteen points to appellant's scoresheet because there was evidence that he used a firearm; however, the criminal punishment code scoresheet, under which appellant was sentenced, provides that additional points for possession of a firearm are assessed if the offender is convicted of "any felony other than those enumerated in section 775.087(2), Florida Statutes." §...

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