Florida District Courts of Appeal, 1990

Day v. State

Florida District Courts of Appeal · Decided May 10, 1990 · Cobb, Peterson

560 So. 2d 428; 1990 Fla. App. LEXIS 3196; 1990 WL 59216 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Jones v. State (Fla. Dist. Ct. App. 2002)
Day v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

. § 790.01(2), Fla.Stat. (1989).

. § 775.084(4)(a)3, Fla.Stat. (1989).

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