Opinion
Case No. 96-2860
Opinion filed May 9, 1997
Appeal from the Circuit Court for Seminole County, Thomas G. Freeman, Judge.
James B. Gibson, Public Defender, and Dan D Hallenberg, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
Carter appeals his convictions and sentences for sale of cocaine,carrying a concealed weapon, and aggravated assault with a firearm. He was sentenced to three years in prison on each count, concurrently, with credit for time served. For the concealed firearm offense, the trial court imposed a three-year minimum term of imprisonment; however, none was imposed for the aggravated assault crime.
§§ 893.03(2)(a)4. and 893.13(1)(a)1., Fla. Stat. (1995).
§ 79.01(2), Fla. Stat. (1995).
§§ 784.021(1)(a), 775.087(2), Fla. Stat. (1995).
We affirm in all regards, except for the mandatory sentence provisions. For the concealed firearm crime, a minimum mandatory term is not authorized pursuant to section 775.087(2); however, one is required for the aggravated assault count. These are obvious clerical errors and we remand for the sole purpose of correcting them.
AFFIRMED; REMANDED for Clerical Correction of Sentence.
PETERSON, CJ., SHARP, W., and ANTOON, JJ., concur.