FREAR v. STATE (2001)

District Court of Appeal of Florida,First District.

James Charles FREAR, Appellant, v. STATE of Florida, Appellee.

No. 1D00-3802.

Decided: June 21, 2001

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General and Thomas H. Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

We reverse the order denying the appellant's motion to vacate his conviction and sentence for possession of a firearm by a violent career criminal. The supreme court declared the underlying statute unconstitutional in State v. Thompson, 750 So.2d 643 (Fla.1999), and the appellant has asserted a timely challenge to the validity of the statute. Because the invalid conviction for possession of a firearm by a violent career criminal was included in the computation of the sentencing guidelines, we must also reverse the sentences imposed on the remaining charges, with instructions to resentence the appellant for these charges based on a corrected scoresheet.

Reversed and remanded.

PER CURIAM.

BARFIELD, C.J., KAHN and PADOVANO, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network