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812 So. 2d 578

Jones v. State

District Court of Appeal of Florida · decided 2002-04-03

Relies on 560 So. 2d 428 - Day v. State

Decided 2002-04-03

PER CURIAM.

¶1Appellant, 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.

¶2Reversed with directions.

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