Gilbert v. State

The state concedes that the trial court erred in sentencing the defendant to a twenty-year concurrent term for his conviction of possession of a firearm while engaged in a criminal offense, a second degree felony, see § 790.07(2), Fla.Stat. (1983), where the maximum penalty authorized is fifteen years, see § 775.082(3)(c), Fla.Stat. (1983). We agree that this sentence is improper and, therefore, remand for correction of sentence. See Owen v. State, 426 So.2d 1257 (Fla. 2d DCA 1983). We decline to consider the defendant’s other points on appeal since either they were not ruled upon by the…