Jackson v. State, 564 So. 2d 1243 (Fla. 5th DCA 1990). · Go Syfert
Jackson v. State, 564 So. 2d 1243 (Fla. 5th DCA 1990). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: BERNARD DAVIS v. STATE OF FLORIDA (fladistctapp, 2018-04-18)
Top citers, strongest first. 1 distinct citer.
cited Cited "see" BERNARD DAVIS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Jackson v. State, 564 So. 2d 1243, 1244 (Fla. 5th DCA 1990).
Robert James JACKSON
v.
STATE of Florida
No. 89-2059.
District Court of Appeal of Florida, Fifth District.
Aug 2, 1990.
564 So. 2d 1243
James B. Gibson, Public Defender and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.
Cobb, Goshorn, Sharp.
Cited by 1 opinion  |  Published
GOSHORN, Judge.

Robert James Jackson pled nolo contendere to carrying a concealed firearm (section 790.01(2), Florida Statutes (1989)) and possession of a firearm by a convicted felon (section 790.23, Florida Statutes (1989)). He contends that he cannot be convicted and sentenced for both offenses.[*1244] We disagree. The Florida Supreme Court has held that carrying a concealed firearm and possession of a firearm by a convicted felon are separate offenses and may properly arise from a single act. See Skeens v. State, 556 So.2d 1113 (Fla.1990).

Jackson also pled guilty to possession of cannabis in an amount less than 20 grams (section 893.13(1)(g), Florida Statutes (1989)), a misdemeanor offense. Through clerical error the judgment incorrectly designates this crime as a third degree felony and it was scored as such on the guidelines scoresheet. Jackson received a 2V2 year term for this offense, which exceeds the statutory maximum punishment for a misdemeanor. Accordingly, Jackson’s conviction and sentence on this count are reversed and this case is remanded to the trial court for correction and resentencing.

AFFIRMED in part; REVERSED in part; and REMANDED.

COBB and W. SHARP, JJ., concur.