JONES v. STATE (2002)

District Court of Appeal of Florida,Third District.

Kelvin JONES, Appellant, v. The STATE of Florida, Appellee.

No. 3D01-2125.

Decided: April 03, 2002

Before GODERICH, GREEN, and FLETCHER, JJ.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

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.

PER CURIAM.

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