WESLEY GILBERT, APPELLANT,
v.
THE 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 affirmed the defendant's conviction but remanded for correction of an illegal sentence imposed for firearm possession during a criminal offense, which exceeded the statutory maximum of fifteen years.
A sentence of twenty years for possession of a firearm while engaged in a criminal offense is improper where the statutory maximum penalty is fifteen years.
[1] A sentence exceeding the statutory maximum penalty for an offense is improper and subject to correction on appeal.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceWesley Gilbert was convicted of possession of a firearm while engaged in a criminal offense, a second degree felony. The trial court sentenced him to …
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 Specificity Of Objections cases and more on FLexlaw
PER CURIAM.
The state concedes that the trial court erred in sentencing the defendant to a twenty-year concurrent term for his conviction of possession of a firearm while engaged in a criminal offense, a second degree felony, see § 790.07(2), Fla.Stat. (1983), where the maximum penalty authorized is fifteen years, see § 775.082(3)(c), Fla.Stat. (1983).
We agree that this sentence is improper and, therefore, remand for correction of sentence. See Owen v. State, 426 So. 2d 1257 (Fla. 2d DCA 1983).
We decline to consider the defendant’s other points on appeal since either they were not ruled upon by the trial court adversely to the defendant, see State v. Barber, 301 So. 2d 7 (Fla.1974) (an appellate court must confine itself to a review of only those questions which were before the trial court and upon which a ruling adverse to the appealing party was made); see also Snead v. State, 415 So. 2d 887 (Fla. 5th DCA 1982), or the issues were not preserved with a sufficiently specific objection below, see Ferguson v. State, 417 So. 2d 639 (Fla.1982) (objections must be made with sufficient specificity to apprise the trial court of the potential error and to preserve the point for appellate review; a general objection is insufficient); see also Leonard v. State, 423 So. 2d 594 (Fla. 3d DCA 1982); Moore v. State, 418 So. 2d 435 (Fla. 3d DCA 1982).
Accordingly, the judgment under review is affirmed but the cause remanded for correction of sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Christa Sanford v. Sanford, 508 So. 2d 516 (Fla. 4th DCA 1987)…the corresponding equities, particularly where no prejudice was shown. In any event, the issue was never, in fact, resolved by the trial court, and was not pursued by appellant. Steinhorst v. State, 412 So. 2d 332, 338 (Fla.1982); Gilbert v. State, 484 So. 2d 651 (Fla. 3d DCA 1986); Nicholas v. First Interstate Development Corp., 315 So. 2d 238, 240 (Fla. 4th DCA 1975). We also conclude that appellant has not met the burden of proving a voluntary waiver. With respect to alimony and child support, the eviden…
-
Lopez v. State, 614 So. 2d 42 (Fla. 3d DCA 1993)…(shooting into an occupied building) and Count V (unlawful display of a firearm during the commission of a felony). The maximum sentence for each of these offenses is 15 years. §§ 775.082(3)(c), 790.07(2), 790.19, Fla.Stat. (1989); Gilbert v. State, 484 So. 2d 651 (Fla. 3d DCA 1986); Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). Accordingly, the sentences on Counts III and V are reversed, and this case is remanded for resentencing as to those Counts only. The defendant’s convictions, as well as his sente…
Authorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- Ferguson v. State, 417 So. 2d 639 (Fla. 1982)
- Moore v. State, 418 So. 2d 435 (Fla. 3d DCA 1982)
- Snead v. State, 415 So. 2d 887 (Fla. 5th DCA 1982)
- Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982)
- Owen v. State, 426 So. 2d 1257 (Fla. 2d DCA 1983)