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Day v. State

560 So. 2d 428, 1990 Fla. App. LEXIS 3196, 1990 WL 59216
CourtDistrict Court of Appeal of Florida
DecidedMay 10, 1990
DocketNos. 89-1294, 89-1339
StatusPublished
Cited by2 cases

This text of 560 So. 2d 428 (Day v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Day v. State, 560 So. 2d 428, 1990 Fla. App. LEXIS 3196, 1990 WL 59216 (Fla. Ct. App. 1990).

Opinion

G0SH0RN, Judge.

Charles Edward Day was found guilty in Case No. CR88-9855 of carrying a concealed firearm and possession of a firearm by a convicted felon. He then entered guilty pleas in Case No. CR89-3382 to two counts of delivery of cocaine and was sentenced as an habitual offender to four concurrent 30-year prison terms.

On appeal, Day argues, inter alia, that because the crime of carrying a concealed firearm is a third degree felony,1 the maximum penalty that may be imposed on an habitual offender is 10 years’ imprisonment.2 The State concedes error. Accordingly, Day’s sentence for possession of a concealed firearm is reversed and the cause remanded for resentencing.

All other issues are without merit.

REVERSED and REMANDED for re-sentencing.

COBB and PETERSON, JJ., concur.

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Related

Jones v. State
812 So. 2d 578 (District Court of Appeal of Florida, 2002)
Day v. State
604 So. 2d 27 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
560 So. 2d 428, 1990 Fla. App. LEXIS 3196, 1990 WL 59216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-state-fladistctapp-1990.