HARRINGTON v. STATE (1999)

District Court of Appeal of Florida,Fifth District.

Tracey HARRINGTON, Appellant, v. STATE of Florida, Appellee.

No. 98-1485

Decided: January 29, 1999

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

This is an appeal from a sentence which violates the rule in White v. State, 714 So.2d 440 (Fla.1998). Because the crime for which the defendant was convicted necessarily involved possession of a firearm it was error to add sentencing guideline points for such possession.

SENTENCE VACATED; REMANDED.

DAUKSCH, J.

GOSHORN and HARRIS, JJ., concur.

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