Carter v. State

Florida District Courts of Appeal May 9, 1997

Carter v. State, 693 So. 2d 111 (1997)

1997 Fla. App. LEXIS 4955; 1997 WL 231542

Antoon, Peterson, Sharp

Opinion of the Court

PER CURIAM.

Carter appeals his convictions and sentences for sale of cocaine,1 carrying a concealed weapon,2 and aggravated assault with a firearm.3 He was sentenced to three years in prison on each count, concurrently, with credit for time served. For the concealed firearm offense, the trial court imposed a three-year minimum term of imprisonment; however, none was imposed for the aggravated assault crime.

We affirm in all regards, except for the mandatory sentence provisions. For the concealed firearm crime, a minimum mandatory term is not authorized pursuant to section 775.087(2); however, one is required for the aggravated assault count. These are obvious clerical errors and we remand for the sole purpose of correcting them.

AFFIRMED; REMANDED for Clerical Correction of Sentence.

PETERSON, C.J., and W. SHARP and ANTOON, JJ., concur.

. §§ 893.03(2)(a)4. and 893.13(l)(a)l„ Fla. Stat. (1995).

. § 79.01(2), Fla. Stat. (1995).

. §§ 784.021(l)(a), 775.087(2), Fla. Stat. (1995).

Reference

Full Case Name: Rodney CARTER v. STATE of Florida
Cited By: 1 case
Status: Published