Opinion
No. 87-2115.
September 6, 1988.
An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.
Stephen J. Finta, Ft. Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., BASKIN, J., and JOSEPH P. McNULTY, Associate Judge.
The convictions under review are affirmed upon the holdings that the evidence was entirely sufficient to support the finding of guilt and that the alleged restriction on cross-examination constituted no more than harmless error beyond a reasonable doubt. Mobley v. State, 409 So.2d 1031 (Fla. 1982); § 924.33, Fla. Stat. (1987).
The upward departure sentence is affirmed on the authority of Sans v. State, 528 So.2d 516 (Fla. 3d DCA 1988), which approved a guidelines deviation imposed upon a co-defendant for the same reasons as those asserted here. As the state concedes, however, it was improper to impose consecutive three year minimum mandatory provisions pursuant to section 775.087(2), Florida Statutes (1987). Palmer v. State, 438 So.2d 1 (Fla. 1983). Hence, upon remand, the two three-year mandatory sentences shall be made concurrent.
AFFIRMED AS MODIFIED.