Opinion
No. 80-1029.
April 13, 1982.
Appeal from the Circuit Court, Dade County, Richard Fuller, J.
Bennett H. Brummer, Public Defender, and Andrew M. Kassier, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
The appellant attacks several sentences. He received seventeen years upon a conviction for attempted burglary and a ten-year sentence for a conviction of aggravated assault to run concurrently with the seventeen-year sentence. We find his attacks on these sentences to be without merit. Mathis v. State, 348 So.2d 1221 (Fla. 3d DCA 1977); Foxworth v. State, 267 So.2d 647 (Fla. 1972).
He also received an enhanced sentence of two years upon a conviction of carrying a concealed weapon, as an habitual misdemeanant, pursuant to the provisions of Section 775.084, Florida Statutes (1979). The record does not show that he was convicted previously of carrying a concealed weapon and, therefore, there should not have been an enhanced sentence. King v. State, 398 So.2d 469 (Fla. 5th DCA 1981); Hysmith v. State, 374 So.2d 1103 (Fla. 1st DCA 1979).
The sentences for attempted burglary and aggravated assault are affirmed. We strike one year from the two-year sentence for carrying a concealed weapon and leave the defendant to serve a one year sentence on this conviction.
Affirmed as modified.