JONATHAN KEITH WORTHY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the sentences for attempted burglary and aggravated assault but modified the sentence for carrying a concealed weapon.
The appellant received sentences for attempted burglary, aggravated assault, and carrying a concealed weapon, with the latter being enhanced as an hab…
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PER CURIAM.
The appellant attacks several sentences. He received seventeen years upon a conviction for attempted burglary and a ten-year sentence for a conviction of aggravated assault to run concurrently with the seventeen-year sentence. We find his attacks on these sentences to be without merit. Mathis v. State, 348 So. 2d 1221 (Fla. 3d DCA 1977); Foxworth v. State, 267 So. 2d 647 (Fla.1972).
He also received an enhanced sentence of two years upon a conviction of carrying a concealed weapon, as an habitual misdemeanant, pursuant to the provisions of Section 775.084, Florida Statutes (1979). The record does not show that he was convicted previously of carrying a concealed weapon and, therefore, there should not have been an enhanced sentence. King v. State, 398 So. 2d 469 (Fla. 5th DCA 1981); Hysmith v. State, 374 So. 2d 1103 (Fla. 1st DCA 1979).
The sentences for attempted burglary and aggravated assault are affirmed. We strike one year from the two-year sentence for carrying a concealed weapon and leave the defendant to serve a one year sentence on this conviction.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Foxworth v. State, 267 So. 2d 647 (Fla. 1972)
- Mathis v. State, 348 So. 2d 1221 (Fla. 3d DCA 1977)
- King v. State, 398 So. 2d 469 (Fla. 5th DCA 1981)
- Hysmith v. State, 374 So. 2d 1103 (Fla. 1st DCA 1979)