Jones v. State

528 So. 2d 108, 13 Fla. L. Weekly 1627, 1988 Fla. App. LEXIS 2933, 1988 WL 70669
District Court of Appeal of Florida·Decided July 13, 1988·No. No. 87-2074·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the final judgment adjudicating appellant guilty of aggravated assault with a firearm and carrying a concealed firearm, but remand for resentencing. The imposition of the mandatory minimum sentence on the aggravated assault charge was not a valid reason to impose a sentence in excess of the recommended guidelines range on the concealed weapon charge. See Allen v. State, 510 So.2d 654 (Fla. 2d DCA 1987).

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.

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Jones v. State, 528 So. 2d 108, 13 Fla. L. Weekly 1627, 1988 Fla. App. LEXIS 2933, 1988 WL 70669 (Fla. Ct. App. 1988).

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