Enhancing the Punishment of a Defendant Convicted Only of Charges of Illegal Possession of a Firearm
In White v. State, 714 So. 2d 440 (Fla. 1998), the court held that eighteen sentencing points may not be assessed against a defendant who was convicted only of charges of illegal possession of a firearm.
The court reasoned that it would be improper to additionally enhance the punishment for the possession of a firearm where the illegal possession of the firearm was the charge being punished. See 714 So. 2d at 444.
State v. Walton, 717 So. 2d 522 (Fla. 1998), involved the same question as to whether the additional twenty-five sentencing points should be assessed for the possession of a semi-automatic weapon where the defendant was convicted and sentenced for the offense of carrying a concealed firearm.
The Fourth District affirmed the trial court's refusal to add the additional points for the weapon possession. See State v. Walton, 693 So. 2d 135, 137 (Fla. 4th DCA 1997).
Upon review, the court reiterated our holding in White and approved the Fourth District's decision. See Walton, 717 So. 2d at 522.