ELIJAH CLARENCE PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
Appellant was charged with one count of burglary of a conveyance and one count of grand theft second degree. A jury convicted him on both counts and we affirm the conviction.
Appellant contends that the trail court erred in placing him on a single term of probation for three years because he had been convicted of two crimes and the order did not specify for which crime he was being placed on probation. The Supreme Court has held that general sentences are no longer permitted, Dorfman v. State, 351 So. 2d 954 (Fla.1977), and in Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979), the court held that the same reasoning applied to probation orders. We agree. The judgment of conviction is affirmed, but this cause is remanded to the trial court with directions to enter separate probation orders for each offense. See German v. State, 382 So. 2d 146 (Fla. 4th DCA 1980).
AFFIRMED and REMANDED with directions.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…(Fla.1977), wherein the supreme court held that a single, general sentence may no longer be imposed for two or more crimes. Dorfman’s rationale has been employed to prohibit general terms of probation for two or more offenses. Ward; Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981). Sections 39.052(3) and 39.054, Florida Statutes, which deal with disposition of delinquents, are silent as to whether one order of disposition may be employed where multiple convictions form the basis for an adjudication of del…
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Cline v. State, 399 So. 2d 1115 (Fla. 5th DCA 1981)…withdraw the sentence and impose a new one, so the principle of the cited cases does not apply. Appellant is correct in his assertion that the general sentence on both counts is improper. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981). The Supreme Court has revised the opinion in Viilery, (April 23, 1981) [1981 FLW 313] and has made it clear that the split sentence alternative provided for in section 948.01(4), Florida Statutes, prohibits incarceration for a…
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Cervantes v. State, 415 So. 2d 105 (Fla. 3d DCA 1982)…entered, as here, upon multiple convictions. We recognize that our holding here is in conflict with decisions rendered by two of our distinguished sister district courts of appeal, McCrae v. State, 400 So. 2d 175 (Fla. 5th DCA 1981); Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981); German v. State, 382 So. 2d 146 (Fla. 4th DCA 1980); Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979) and regret that we cannot follow these decisions because, in our view, they mistakenly assume that a probationary order is…
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- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979)
- German v. State, 382 So. 2d 146 (Fla. 4th DCA 1980)