Florida District Courts of Appeal, 1990

Day v. State

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)

Day v. State

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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