MACK HARVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed convictions for multiple drug offenses but remanded for resentencing because a single sentence cannot be imposed for multiple separate convictions; separate judgments and sentences must be entered for each count.
A defendant lawfully convicted of multiple separate crimes must receive a separate judgment and sentence for each conviction, even if the charges arise from a single criminal episode.
[1] A defendant convicted of multiple separate crimes must receive separate judgments and sentences for each conviction even when the charges arise from a single criminal epi…
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Join FLexlaw to unlock all legal intelligenceHarvey was convicted of separate counts of possession and sale of cocaine in three informations and one count of conspiracy to deliver cocaine, but re…
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PER CURIAM.
The judgments appealed are affirmed, but this case is remanded for resentencing of appellant.
Appellant was charged with and convicted of separate counts of possession and sale of cocaine in each of the three informations filed against him and an additional count of conspiracy to deliver cocaine in one of the informations. Yet he was given only a single prison sentence on each multicount information.
The imposition of a single judgment and sentence upon a defendant lawfully found guilty of two or more separate crimes is improper. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Darden v. State, 306 So. 2d 581 (Fla.2d DCA 1975); see also Dar-den v. State, 330 So. 2d 750 (Fla.2d DCA 1976). Although the charges filed against appellant in each information arose out of a single • criminal episode, Section 775.021, Florida Statutes (1977), applies to the situation presented here, requiring a judgment and sentence to be imposed upon each criminal charge and conviction. Fundak v. State, 362 So. 2d 295 (Fla.2d DCA 1978).
Accordingly, the judgments of guilt as to all of the charges are affirmed, but the cause is remanded for entry of a separate judgment and sentence on each conviction.
GRIMES, C. J., and BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)
- Fundak v. State, 362 So. 2d 295 (Fla. 2d DCA 1978)
- Darden v. State, 330 So. 2d 750 (Fla. 2d DCA 1976)
- Budget Invs., Ltd. v. Minnehoma Fin. Co., 330 So. 2d 750 (Fla. 2d DCA 1976)