JIMMY WAYNE KING, or possessing a firearm where the carrying or
Petitioner, possession of a firearm is the essential element
of the underlying offense. In so holding, we
VS. approved the Fourth District’s opinion in
STATE OF FLORIDA, In this case, defendant was convicted of
Respondent. several offenses, including possession of a
short-barreled shotgun, carrying a concealed
No, 91,791 firearm, possession of a firearm by a convicted
felon, possession of cannabis, possession of
[July 16, 19981 drug paraphernalia, and possession of
amphetamine.We are unableto ascertainfrom
PER CURIAM. the record and opinion below, however,
We have for review the decision in S$ate v. whether the defendant possessed a firearm
King, 700 So. 2d 781 (Fla. 2d DCA 1997), during the commission of the additional drug-
which the district court certified to be in related offenses. Therefore, we remand for
conflict with the opinion in Gallowav v. State hn-ther proceedings in accordance with our
680 So. 2d 616 (Fla. 4th DCA 1996): decision in White.
concerning the issue of whether additional It is so ordered.
sentencing points for carrying or possessing a
firearm during the commission of a crime may HARDING, C.J., and OVERTON, SHAW,
be added to a defendant’s sentencing score KOGAN and ANSTEAD, JJ., concur.
where the defendant is convicted of carrying a WELLS, J., dissents with an opinion.
concealed weapon or possession of a firearm
by a convicted felon. We have jurisdiction. NOT FINAL UNTIL TIME EXPIRES TO
Art. V, Q 3(b)(4), Fla. Const. FILE REHEARING MOTION AND, IF
Recently, we resolved this conflict in FILED, DETERMINED.
White v. State 23 Fla. L. Weekly S 3 I 1 (Fla.
June 12, 1998): wherein we held that it is error WELLS, J., dissenting.
for a trial court to assess additional sentencing I dissent for the reasons stated in my
points for possessing a firearm where the & dissenting opinions in A-, No.
underlying crime is carrying a concealed 91,078 (Fla. July 16, 1998); and White v.
firearm or possession of a firearm by a State, 23 Fla. L. Weekly 53 11 (Fla. June 12,
convicted felon. In other words, we held that 1998).
rule 3.702(d)( 12) of the Florida Rules of
Criminal Procedure and section 92 1.0014, Application for Review of the Decision of the
Florida Statutes (1993) do not contemplate District Court of Appeal - Certified Direct
the addition of sentencing points for carrying Conflict of Decisions
Second District - Case No. 97-00996
James Marion Moor-man, Public Defender, and
Cynthia J. Dodge, Assistant Public Defender,
Tenth Judicial Circuit, Bat-tow, Florida,
Robert A. Butter-worth, Attorney General,
Robert J. Krauss, Senior Assistant Attorney
General, Chief of Criminal Law, and Susan D.
Dunlevy, Assistant Attorney General, Tampa,