FRANKLIN WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
After having revoked the appellant’s probation on two counts of an information charging the commission of third-degree felonies, the trial court sentenced the appellant on each count to a term of ten years, the sentences to run concurrently. The sentences imposed exceeded the five-year maximum allowable by law, see § 775.082(3)(d), Fla.Stat. (1981), and are, accordingly, vacated and the cause remanded for resentencing. Since the record reflects that the trial court’s intent was that the appellant receive a ten-year sentence, the trial court may, if it chooses, accomplish that sentencing goal by imposing consecutive five-year sentences. Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982); Herring v. State, 411 So. 2d 966 (Fla. 3d DCA 1982).
Sentences vacated and cause remanded for resentencing.
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Hardwick v. State, 521 So. 2d 1071 (Fla. 1988)…he had a right to a jury instruction on intoxication. We find no error in the trial court’s decision to deny such an instruction, since Hardwick failed to establish on this record that he was intoxicated at the time of the murder. See Link v. State, 429 So. 2d 836, 837 (Fla. 3d DCA 1983). Indeed, the testimony of Showalter and several other witnesses was to the contrary. Hardwick failed to rebut this testimony at any time during the guilt phase of the trial. As his sixth issue, Hardwick argues that the state…
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Linehan v. State, 476 So. 2d 1262 (Fla. 1985)…murder); Jenkins v. State, 58 Fla. 62, 50 So. 582 (1909) (breaking and entering with intent to commit misdemeanor); Heathcoat v. State, 430 So. 2d 945 (Fla. 2d DCA 1983) (burglary, robbery, aggravated battery, and aggravated assault); Link v. State, 429 So. 2d 836 (Fla. 3d DCA 1983) (theft); Williams v. New England Mutual Life Insurance Co., 419 So. 2d 766 (Fla. 1st DCA 1982) (aggravated assault); Harris v. State, 415 So. 2d 135 (Fla. 5th DCA), review denied, 419 So. 2d 1198 (Fla.1982) (burglary and battery);…1 / 2
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Ezra Lee Willis v. State, 446 So. 2d 210 (Fla. 3d DCA 1984)…I and II. But the trial court's original sentence on Count III was to run concurrently with Counts I and II, thus evincing an intent that a twenty-five year sentence would be the maximum for the three crimes. Unlike the situation in Wright v. State, 429 So. 2d 836 (Fla. 3d DCA 1983), Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982), and Herring v. State, 411 So. 2d 966 (Fla. 3d DCA 1982), where, because our vacation of excessive concurrent sentences effected a change in the trial court's sentencing goal,…
Authorities Cited
- Murrell Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982)
- Herring v. State, 411 So. 2d 966 (Fla. 3d DCA 1982)