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24 Florida opinions name it 2 courts 1986–2017 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kelly v. Stategreen2 sentences2017See Kelly v. State, 796 So.2d 578, 579 (Fla. 2d DCA 2001). . 2004See Kelly v. State, 796 So.2d 578 (Fla. 2d DCA 2001). | 2 | 2 |
Schmiel v. Stategreen2 sentences2002See Schmiel v. State, 727 So.2d 257, 258-59 (Fla.1999); Cleveland v. State, 717 So.2d 188, 188 (Fla. 5th DCA 1998). 1999Schmiel v. State, 727 So.2d 257 (Fla.1999); Asbell v. State, 715 So.2d 258 (Fla.1998). | 1 | 2 |
Asbell v. Stategreen2 sentences1999As we held in Asbell v. State, 715 So.2d 258 (Fla.1998), rule 3.702 clearly states that additional points may not be assessed against offenses enumerated in section 775.087(2), Florida Statutes (1993). 1999Schmiel v. State, 727 So.2d 257 (Fla.1999); Asbell v. State, 715 So.2d 258 (Fla.1998). | 1 | 2 |
Ronald Williams v. State of Floridagreen1 sentence2017See William v. State, 186 So. 3d 989 (Fla. 2016). | 1 | 1 |
State v. Parkergreen1 sentence2010See Grant v. State, 770 So.2d 655, 658-660 (Fla.2000); see also State v. Couch, 896 So.2d 799, 800 (Fla. 1st DCA 2005); State v. Parker, 812 So.2d 495, 497 (Fla. 4th DCA 2002). | 1 | 1 |
Grant v. Stategreen1 sentence2010See Grant v. State, 770 So.2d 655, 658-660 (Fla.2000); see also State v. Couch, 896 So.2d 799, 800 (Fla. 1st DCA 2005); State v. Parker, 812 So.2d 495, 497 (Fla. 4th DCA 2002). | 1 | 1 |
State v. Couchgreen1 sentence2010See Grant v. State, 770 So.2d 655, 658-660 (Fla.2000); see also State v. Couch, 896 So.2d 799, 800 (Fla. 1st DCA 2005); State v. Parker, 812 So.2d 495, 497 (Fla. 4th DCA 2002). | 1 | 1 |
Cosby v. Stategreen1 sentence2007"To determine whether the error is harmless, . . . this [C]ourt must examine the record and determine beyond a reasonable doubt that the trial court would have imposed the same sentence." Cosby v. State, 913 So.2d 93, 94 (Fla. 5th DCA 2005) (citing State v. DiGuilio, 491 So.2d 1129 (Fla.1986)). | 1 | 1 |
Williams v. Stategreen1 sentence2007See Williams v. State, 850 So.2d 656 (Fla. 1st DCA 2003) (holding offense of attempted armed robbery could not be enhanced pursuant to section 775.087(1) because use of a weapon is an essential element of the offense); Tripp v. State, 610 So.2d 1311, 1312 (Fla. 1st DCA 1992) (reversing reclassification of attempted armed robbery pursuant to section 775.087(1) because the use of a weapon was an essential element of the underlying offense). | 1 | 1 |
Tripp v. Stategreen1 sentence2007See Williams v. State, 850 So.2d 656 (Fla. 1st DCA 2003) (holding offense of attempted armed robbery could not be enhanced pursuant to section 775.087(1) because use of a weapon is an essential element of the offense); Tripp v. State, 610 So.2d 1311, 1312 (Fla. 1st DCA 1992) (reversing reclassification of attempted armed robbery pursuant to section 775.087(1) because the use of a weapon was an essential element of the underlying offense). | 1 | 1 |
Cleveland v. Stategreen1 sentence2002See Schmiel v. State, 727 So.2d 257, 258-59 (Fla.1999); Cleveland v. State, 717 So.2d 188, 188 (Fla. 5th DCA 1998). | 1 | 1 |
Samuels v. Stategreen1 sentence2002The crime of shooting a deadly missile is not enumerated in section 775.087(2), see Samuels v. State, 681 So.2d 915, 915-16 (Fla. 4th DCA 1996), nor is possession of a firearm an essential element of the crime. | 1 | 1 |
Bradford v. Stategreen1 sentence2002See Bradford v. State, 722 So.2d 858, 860 (Fla. 1st DCA 1998). | 1 | 1 |
Smith v. Stategreen1 sentence2001Cf. Smith v. State, 737 So.2d 577, 578 (Fla. 4th DCA 1999) (holding a defendant convicted of attempted manslaughter with a firearm was properly assessed with points for possessing a firearm because the felony was not specifically predicated on possession of a firearm and such an imposition of points did not violate double jeopardy principles). | 1 | 1 |
Bush v. Stategreen2 sentences1997See also Bush v. State, 687 So.2d 312 (Fla. 1st DCA 1997) (holding that the defendant’s sentencing scoresheet could not include eighteen points for using a firearm because defendant’s crime was an enumerated crime under section 775.087(2), Florida Statutes (1995)). 1997See also Bush v. State, 687 So.2d 312 (Fla. 1st DCA 1997) (holding that the defendant’s sentencing scoresheet could not include eighteen points for using a firearm because defendant’s crime was an enumerated crime under section 775.087(2), Florida Statutes (1995)). | 1 | 1 |
Harrelson v. Stategreen1 sentence1994See Harrelson v. State, 624 So.2d 828 (Fla. 1st DCA 1993); Chaney v. State, 621 So.2d 572 (Fla. 5th DCA 1993). . | 1 | 1 |
Downs v. Stategreen1 sentence1994See Downs v. State, 616 So.2d 444 (Fla. 1993). [5] § 812.13(2)(a) Fla. Stat. (1986). [6] See supra note 4. [7] The use of a firearm is an inherent element of armed robbery with a firearm, Section 812.13, Florida Statute (1986), although the trial court may impose a minimum mandatory sentence, it may not reclassify, by degree, defendant's offense pursuant to Section 775.087(1), Florida Statutes (1989). | 1 | 1 |
State v. Browngreen1 sentence1994See State v. Brown, 476 So.2d 660 (Fla. 1985). [8] Although Clarington did not raise this issue in his brief this court may, sua sponte, remedy fundamental error which is apparent on the face of the record. | 1 | 1 |
Foster v. Stategreen1 sentence1993See Foster v. State, 596 So.2d 1099 , 1101-1102 n. 2 (Fla. 5th DCA 1992) (if in the course of a simple robbery without a weapon, the robber commits an aggravated battery, the robber has committed a second offense for which a second punishment is due, assuming that the State chooses not to enhance the robbery offense under § 775.087, Fla. Stat.). | 1 | 1 |
State v. Vikhlyantsevgreen1 sentence1993See also State v. Vikhlyantsev, 602 So.2d 636, 637 (Fla. 2d DCA 1992), citing Fayerweather v. State, 332 So.2d 21 (Fla. 1976), in which the court stated: It is not unusual for a course of criminal conduct to violate laws that overlap yet vary in their penalties. | 1 | 1 |
Fayerweather v. Stategreen1 sentence1993See also State v. Vikhlyantsev, 602 So.2d 636, 637 (Fla. 2d DCA 1992), citing Fayerweather v. State, 332 So.2d 21 (Fla. 1976), in which the court stated: It is not unusual for a course of criminal conduct to violate laws that overlap yet vary in their penalties. | 1 | 1 |
| Gainey v. Stategreen | 1 | 1 |
| Gonzalez v. Stategreen | 1 | 1 |
| Kennedy v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. DiGuilio
green
1 sentence2007"To determine whether the error is harmless, . . . this [C]ourt must examine the record and determine beyond a reasonable doubt that the trial court would have imposed the same sentence." Cosby v. State, 913 So.2d 93, 94 (Fla. 5th DCA 2005) (citing State v. DiGuilio, 491 So.2d 1129 (Fla.1986)). | 1 | 2007–2007 |
Grantham v. State
green
1 sentence2007Because Mr. Grantham's weapon of choice was a firearm, the sentence was further enhanced pursuant to section 921.0014(1) for use of a firearm. 735 So.2d at 526 . | 1 | 2007–2007 |
White v. State
green
1 sentence1998In White v. State, 714 So.2d 440 (Fla.1998), the supreme court held that where no separate substantive felony is involved, the legal elements of which do not require possession of a firearm, imposition of eighteen sentence points is error. | 1 | 1998–1998 |
Dacosta v. State
neutral
1 sentence1997Palmer v. State, 438 So.2d 1 (Fla.1983); Dacosta v. State, 672 So.2d 861 (Fla. 3d DCA 1996); Allen v. State, 574 So.2d 1219 (Fla. 3d DCA 1991). | 1 | 1997–1997 |
Allen v. State
neutral
1 sentence1997Palmer v. State, 438 So.2d 1 (Fla.1983); Dacosta v. State, 672 So.2d 861 (Fla. 3d DCA 1996); Allen v. State, 574 So.2d 1219 (Fla. 3d DCA 1991). | 1 | 1997–1997 |
Galloway v. State
yellow
1 sentence1997In Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996), this court stated as follows: We reverse Appellant's sentence and remand for resentencing due to scoresheet error in assessing 18 additional points for possession of a firearm. | 1 | 1997–1997 |
Palmer v. State
yellow
1 sentence1997Palmer v. State, 438 So.2d 1 (Fla.1983); Dacosta v. State, 672 So.2d 861 (Fla. 3d DCA 1996); Allen v. State, 574 So.2d 1219 (Fla. 3d DCA 1991). | 1 | 1997–1997 |
Palmer v. State
green
2 sentences1996Robbery is one of the felonies enumerated in section 775.087(2) and, therefore, eighteen points may not be added to the scoresheet for possession of a firearm during the commission of the felony. 1 See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996). 1996Robbery is one of the felonies enumerated in section 775.087(2) and, therefore, eighteen points may not be added to the scoresheet for possession of a firearm during the commission of the felony. 1 See Palmer v. State, 667 So.2d 1018 (Fla. 5th DCA 1996). | 1 | 1996–1996 |
Chaney v. State
neutral
1 sentence1994See Harrelson v. State, 624 So.2d 828 (Fla. 1st DCA 1993); Chaney v. State, 621 So.2d 572 (Fla. 5th DCA 1993). . | 1 | 1994–1994 |
| Simmons v. State green | 1 | 1992–1992 |
| Coleman v. State neutral | 1 | 1992–1992 |
| State v. McKinnon green | 1 | 1992–1992 |
| Hall v. State green | 1 | 1988–1988 |
| Strahorn v. State green | 1 | 1986–1986 |
| Jones v. State green | 1 | 1986–1986 |
| Akins v. State green | 1 | 1986–1986 |
| Biles v. State neutral | 1 | 1986–1986 |
| Rozier v. State neutral | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.