KEITH JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
528 So. 2d 108
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 9 cases
Opinion of the Court
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.
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Dimick v. RAY, 774 So. 2d 830 (Fla. 4th DCA 2000)…amend should not be denied unless the privilege has been abused or the pleading is clearly not amendable. New River Yachting Center v. Bacchiocchi, 407 So. 2d 607, 609 (Fla. 4th DCA 1981), rev. denied, 415 So. 2d 1360 (Fla.1982). Leavitt v. Carson, 528 So. 2d 108, 110 (Fla. 4th DCA 1988). Amendments should be liberally granted, particularly when the motion is made prior to the hearing on a motion for summary judgment. See Soucy v. Casper, 658 So. 2d 1017, 1018 (Fla. 4th DCA 1995)(citing Smith v. Barrett, 564…
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- Allen v. State, 510 So. 2d 654 (Fla. 2d DCA 1987)