HIKIM SHABAZZ, A/K/A OWEN X. DENSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgments but remanded two cases for resentencing because the sentences imposed were improper or exceeded statutory limits.
In one case, a single sentence was imposed for two counts of carrying a concealed firearm. In another case, the sentence for uttering a forged instrum…
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PER CURIAM.
The judgments appealed are affirmed, but case nos. 77-693 (cir.ct.no. 77-120) and 77-815 (cir.ct.no. 77-805) are remanded for resentencing.
In case no. 77-693 the trial court imposed only a single sentence on two separate counts of carrying a concealed firearm. This is a general sentence, which is no longer proper and may not be imposed by a trial court. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Darden v. State, 306 So. 2d 581 (Fla.2d DCA 1975); Darden v. State, 330 So. 2d 750 (Fla.2d DCA 1976). That sentence is therefore vacated and that case remanded for entry of a separate sentence on each count.
In case no. 77-815 appellant was sentenced to 15 years for uttering a forged instrument. That offense is a third degree felony, § 831.02, Fla.Stat. (1975), punishable by a maximum prison sentence of five years, § 775.082(3)(d), Fla.Stat. (1975). This sentence is therefore vacated and that case remanded for imposition of a sentence within the legal maximum. Appellant is entitled to be present at resentencing.
Remanded for resentencing in two of the cases; otherwise affirmed.
OTT, Acting C. J., and RYDER and DANAHY, 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)
- 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)