McComb v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ARTHUR KELLY McCOMB, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-2167 Opinion filed May 10, 2002. Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge. James Marion Moorman, Public Defender, and Sean K. Ahmed, Special Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm the imposition of the minimum mandatory sentence as to count I of the conviction obtained against Arthur Kelly McComb. The sentence imposed for count IV, carrying a concealed firearm, improperly reflects a minimum mandatory sentence. In fact, the trial court orally pronounced that the minimum mandatory term was imposed as to count III, felon in possession. In order to avoid confusion, this should be corrected on remand. Affirmed with instructions. GREEN, SALCINES, and KELLY, JJ., Concur. -2-

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