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Florida District Courts of Appeal, 1988

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided July 13, 1988 · Dell, Hersey, Walden
528 So. 2d 108; 13 Fla. L. Weekly 1627; 1988 Fla. App. LEXIS 2933; 1988 WL 70669 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

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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