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Day v. State

560 So. 2d 428, 1990 Fla. App. LEXIS 3196, 1990 WL 59216
District Court of Appeal of Florida·Decided May 10, 1990·No. Nos. 89-1294, 89-1339·Published·Cited by 2 cases

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

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