ROBERT EDWARD GLANTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A conviction for the nonexistent crime of attempted grand theft is a nullity and cannot form the basis for a sentence.
Appellant was found guilty of attempted burglary and attempted grand theft, and sentenced to probation. The sentence was a general one for both offens…
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PER CURIAM.
We withdraw our opinion of May 28,1982 and substitute the following in its stead:
Appellant, Robert Edward Glanton, was found guilty of attempted burglary of a structure and attempted grand theft. The trial court withheld adjudication of guilt and placed him on four years probation with credit for time served.
On appeal, appellant argues that his sentence is improper because it is a general sentence for two separate offenses. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979). As does the state, so do we agree with appellant’s argument.
But subsequent to our prior opinion, this court has receded from an opinion holding that a conviction for the nonexistent crime of “attempted grand theft” could be valid. Jordan v. State, 416 So. 2d 1161 (Fla. 2d DCA June 11, 1982). It is now clear that conviction for such a nonexistent crime is a nullity. Achin v. State, - So. 2d -, Case No. 59,840 (Fla. Jan. 21, 1982).
Although this point was not raised below or argued on appeal, we think it only fair to apprise the trial court on remand that it may sentence appellant solely on a conviction of attempted burglary of a structure.
REVERSED and REMANDED.
GRIMES, A. C. J., and RYDER and DANAHY, JJ., concur.
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T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…. The court in J.J.S. held that the sentence before it was improper because it flowed from a single, general order of probation for two separate crimes. The J.J.S. court cited to Ward v. State, 429 So. 2d 825 (Fla. 2d DCA 1983) and Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982), both of which were predicated on Dorfinan v. State, 351 So. 2d 954 (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…
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J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985)…a missile into an occupied vehicle. We agree with the appellant that his sentence is improper because it flows from a single, general order of probation but for two separate crimes. Ward v. State, 429 So. 2d 825 (Fla. 2d DCA 1983); Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982) We also agree with the appellant that it was reversible error for the lower court to order that the amount and manner of restitution be determined by the appellant’s counselor. In T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981),…
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Leal v. State, 424 So. 2d 829 (Fla. 2d DCA 1982)…one and conspiracy, arguing that the trial court erred in denying suppression of certain physical evidence. We adopt the reasoning and holding from our opinion in the appeal of appellant’s codefendant, tried separately, Juan Acebo. Acebo v. State, 415 So. 2d 909 (Fla. 2d DCA 1982). Holding there to be no error in the denial of suppression below, or otherwise, we affirm the convictions. OTT, C.J., and HOBSON and RYDER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979)
- Jordan v. State, 416 So. 2d 1161 (Fla. 2d DCA 1982)