Worthy v. State

District Court of Appeal of Florida

Worthy v. State

412 So. 2d 412, 1982 Fla. App. LEXIS 28617

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1982

DocketNo. 80-1029

StatusPublished

This text of 412 So. 2d 412 (Worthy 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

Worthy v. State, 412 So. 2d 412, 1982 Fla. App. LEXIS 28617 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

The appellant attacks several sentences. He received seventeen years upon a conviction for attempted burglary and a ten-year sentence for a conviction of aggravated assault to run concurrently with the seventeen-year sentence. We find his attacks on these sentences to be without merit. Mathis v. State, 348 So.2d 1221 (Fla. 3d DCA 1977); Foxworth v. State, 267 So.2d 647 (Fla.1972).

He also received an enhanced sentence of two years upon a conviction of carrying a concealed weapon, as an habitual misde-meanant, pursuant to the provisions of Section 775.084, Florida Statutes (1979). The record does not show that he was convicted previously of carrying a concealed weapon and, therefore, there should not have been an enhanced sentence. King v. State, 398 So.2d 469 (Fla. 5th DCA 1981); Hysmith v. State, 374 So.2d 1103 (Fla. 1st DCA 1979).

The sentences for attempted burglary and aggravated assault are affirmed. We strike one year from the two-year sentence for carrying a concealed weapon and leave the defendant to serve a one year sentence on this conviction.

Affirmed as modified.

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