KELVIN JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-04-03
No. 3D01-2125
Before GODERICH, GREEN, and FLETCHER, JJ.
812 So. 2d 578 Florida District Court of Appeal, Third District (2002)

Opinion of the Court
PER CURIAM.

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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