Lead Opinion
Appellant was convicted of possession of a firearm by a convicted felon and with carrying a concealed weapon, and sentenced to concurrent sentences of twelve and five years. He presents three points on appeal, one of which requires reversal and remand for a resentencing. The point demonstrating reversible error involves a count for the conviction of carrying a concealed weapon. We hold the evidence is insufficient and that appellant’s motion for judgment of acquittal should have been granted on that count. The judgment of conviction for possession of a firearm by a convicted felon is not involved in this appeal.
Accordingly, the judgment of conviction and sentence for carrying a concealed weapon is reversed and the cause is remanded for imposition of a new sentence consistent with this opinion.
Concurrence Opinion
concurring specially.
I agree that rehearing should be denied and write separately only to note, in the hopes of avoiding any confusion on remand, that the sentencing issue raised on appeal has been mooted because of our reversal on the merits as to one of appellant’s convictions. We have remanded for a new sentencing proceeding.
Rehearing
ON MOTION FOR REHEARING
Rehearing denied.
DOWNEY and WALDEN, JJ., concur.
ANSTEAD, J., concurs specially with opinion.