Florida District Courts of Appeal, 1990

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided August 2, 1990 · Cobb, Goshorn, Sharp
564 So. 2d 1243; 1990 Fla. App. LEXIS 5684; 1990 WL 108840 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

GOSHORN, Judge.

Robert James Jackson pled nolo contendere to carrying a concealed firearm (section 790.01(2), Florida Statutes (1989)) and possession of a firearm by a convicted felon (section 790.23, Florida Statutes (1989)). He contends that he cannot be convicted and sentenced for both offenses. *1244We disagree. The Florida Supreme Court has held that carrying a concealed firearm and possession of a firearm by a convicted felon are separate offenses and may properly arise from a single act. See Skeens v. State, 556 So.2d 1113 (Fla. 1990).

Jackson also pled guilty to possession of cannabis in an amount less than 20 grams (section 893.13(1)(g), Florida Statutes (1989)), a misdemeanor offense. Through clerical error the judgment incorrectly designates this crime as a third degree felony and it was scored as such on the guidelines scoresheet. Jackson received a 2V2 year term for this offense, which exceeds the statutory maximum punishment for a misdemeanor. Accordingly, Jackson’s conviction and sentence on this count are reversed and this case is remanded to the trial court for correction and resentencing.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and W. SHARP, JJ., concur.

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