LARRY D. BAINTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment of guilt but remanded for resentencing because the original sentence was an illegal general sentence, and struck the order assessing costs due to the defendant's insolvency.
Appellant was found guilty by a jury of three counts of delivery of a controlled substance. The trial court imposed a single, general sentence for all…
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OTT, Judge.
A jury found appellant guilty of three counts of delivery of a controlled substance contrary to § 893.13, Fla.Stat. (1975). The trial court adjudged appellant guilty of the offenses, sentenced him to five years in prison and assessed court costs against him. We affirm the judgment of the court but remand the case for resentencing.
The present sentence is an illegal general sentence because it imposes a single sentence for the three offenses. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975). On remand the court must give appellant a separate sentence for each offense. Appellant should be present for resentencing.
We also strike the order assessing costs. Since the court adjudged appellant to be insolvent, it was not authorized to assess costs against him. § 939.15, Fla.Stat. (1977); Cox v. State, 334 So. 2d 568 (Fla.1976).
Remanded for resentencing and striking of the order assessing costs; the judgment is affirmed in all other respects.
GRIMES, C. J., and SCHEB, J., concur.
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Waites v. State, 407 So. 2d 299 (Fla. 4th DCA 1981)…empt to commit [*300] “any burglary” is a felony of the third degree. Williams v. State, 386 So. 2d 631 (Fla.2d DCA 1980); Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980); McQuay v. State, 368 So. 2d 908 (Fla. 1st DCA 1979); State v. Drumwright, 367 So. 2d 256 (Fla. 4th DCA 1979). Therefore, since Section 775.082(3)(d), Florida Statutes (1979), states that a term of imprisonment for a third degree felony shall not exceed five years, we hold that the fifteen year sentence imposed in the case at bar is ille…
Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- COX v. State, 334 So. 2d 568 (Fla. 1976)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)