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Dupont v. State

District Court of Appeal of Florida, Third District
Dec 26, 1990
571 So. 2d 125 (Fla. Dist. Ct. App. 1990)

Opinion

Nos. 90-1028, 90-0469.

December 26, 1990.

An Appeal from the Circuit Court for Dade County; Phillip W. Knight, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellants.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before JORGENSON, GERSTEN and GODERICH, JJ.


Appellants, Omega Dupont and Raymond Dupont, appeal their convictions and sentences for armed robbery with a firearm, carrying concealed firearm, and assault. We affirm Omega Dupont's convictions and sentence. We affirm Raymond Dupont's convictions but reverse his sentence for carrying a concealed firearm and remand.

Appellants' convictions arose from an armed robbery of a gas station. We find no merit in appellants' contentions regarding their convictions, and affirm them without further discussion.

Appellant, Raymond Dupont, contends that the trial court erred in sentencing him to seventeen years for carrying a concealed firearm where the statutory maximum penalty for the offense is five years. Appellee, the State of Florida, concedes that Raymond Dupont must be resentenced on the carrying a concealed firearm conviction to a sentence within the statutory parameters.

Accordingly, we affirm appellants' convictions. We affirm appellants' sentences except we reverse Raymond Dupont's sentence for carrying a concealed firearm and remand for resentencing within statutory parameters. See Rosa-Sanchez v. State, 561 So.2d 25 (Fla. 3d DCA 1990); Sears v. State, 539 So.2d 1174 (Fla. 4th DCA 1989); see also §§ 790.01, 775.082(3)(d), Fla. Stat. (1989).


Summaries of

Dupont v. State

District Court of Appeal of Florida, Third District
Dec 26, 1990
571 So. 2d 125 (Fla. Dist. Ct. App. 1990)
Case details for

Dupont v. State

Case Details

Full title:OMEGA DUPONT AND RAYMOND DuPONT, APPELLANTS, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 26, 1990

Citations

571 So. 2d 125 (Fla. Dist. Ct. App. 1990)