Florida District Courts of Appeal, 2002

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided April 3, 2002 · Fletcher, Goderich, Green
812 So. 2d 578; 2002 Fla. App. LEXIS 4305; 2002 WL 491725 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

PER CURIAM.

Appellant, Kelvin Jones, correctly argues that the trial court erred in imposing a thirty year imprisonment sentence on him as a habitual offender for the third degree felony of carrying a concealed firearm. The maximum penalty that may be imposed on a habitual offender is ten years imprisonment. See Section 775.084(4)(a)3, Florida Statutes (1997); Day v. State, 560 So.2d 428 (Fla. 5th DCA 1990). We therefore vacate the sentence for this change and remand for resentencing.

Reversed with directions.

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