Opinion
No. 89-2059.
August 2, 1990.
Appeal from the Circuit Court for Orange County, R. James Stroker, J.
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.
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. 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 2 1/2 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.