Jones v. State

Full title: KEITH JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 13, 1988

528 So. 2d 108 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2074.

July 13, 1988.

Appeal from the Circuit Court, Broward County, Miette K. Burnstein, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the final judgment adjudicating appellant guilty of aggravated assault with a firearm and carrying a concealed firearm, but remand for resentencing. The imposition of the mandatory minimum sentence on the aggravated assault charge was not a valid reason to impose a sentence in excess of the recommended guidelines range on the concealed weapon charge. See Allen v. State, 510 So.2d 654 (Fla. 2d DCA 1987).

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.