JAMIE AUGUSTO CARVAJAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence imposed for possession of more than 100 pounds of marijuana was excessive and must be reversed.
Appellant was convicted of importation and possession of marijuana, including possession of over 100 pounds. He received a $10,000 fine and a ten-year…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Felony Sentencing cases and more on FLexlaw
DANAHY, Judge.
Jamie Carvajal appeals convictions and sentences for importation of marijuana, possession of more than 100 pounds of marijuana, ' and possession of marijuana with intent to sell. The only issue he raises which we feel to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana.
Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980), that simple possession of more than 100 pounds of marijuana is a third degree felony which carries a maximum prison term of five years and a maximum fine of $5,000. § 775.083(l)(c) and § 775.-082(3)(d), Fla.Stat. (1977). Thus both the fine and the prison term imposed upon appellant on this count are excessive and must be reversed.
Accordingly, appellant’s sentence on count 3 is vacated and the cause is remanded for correction of the sentence on this count. Appellant need not be present for this purpose. The judgments and sentences are otherwise affirmed.
REVERSED AND REMANDED WITH DIRECTIONS.
RYDER, Acting C. J., and SILVER-TOOTH, LYNN N., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…y to secure the judgment, it lost nothing. Under our law, a technical and illusory “loss” of this kind cannot result in the forfeiture of insurance coverage. Affirmed. . In the light of our intervening decisions in Figueredo v. Leatherby Ins. Co., 392 So. 2d 287 (Fla. 3d DCA 1980) and State Farm Mut. Auto. Ins. Co. v. Colonial Penn Ins. Co., 379 So. 2d 1036 (Fla. 3d DCA 1980), the carrier does not contest the resolution against it below of the coverage question which remained open at the time of our first o…
-
Pruitt v. State, 403 So. 2d 988 (Fla. 2d DCA 1980)…ever, we remand for resen-tencing. Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third — degree felony. Carvajal v. State, 392 So. 2d 287 (Fla.2d DCA 1980); Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980). Section 777.04(4)(d), Florida Statutes (1979), then requires that attempted possession be a first — degree misdemeanor. The maximum punishment for a first-degree misdemeanor…
-
Green v. State, 392 So. 2d 1033 (Fla. 2d DCA 1981)…emand for correction of the sentence. Appellant was given an indeterminate sentence of six months to seven years. However, this court has recently held possession of more than 100 pounds of marijuana to be a third-degree felony, Carvajal v. State, 392 So. 2d 287 (Fla. 2d DCA 1980); [*1034] Reinersman v. State, 382 So. 2d 325 (Fla. 2d DCA 1980), for which the maximum term of imprisonment is five years. § 775.082(3)(d). Accordingly, appellant’s sentence is vacated and the cause remanded for resen-tencing. H…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pardee v. State, 382 So. 2d 325 (Fla. 1st DCA 1979)