CHARLES D. JOHNSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Charles D. Johnston appeals his conviction and sentence imposed for one count of capital sexual battery and three counts of lewd assault upon a child. With the exception of the sentence imposed by the trial court, the issues raised by this appeal are without merit. Appellant was sentenced on all counts to life in prison, with a mandatory minimum 25 years. This is an impermissible general sentence. Dorfman v. State, 351 So. 2d 954 (Fla.1977). Furthermore, the sexual battery of a child, being a capital offense, is not scored.1 See Anderson v. State, 550 So. 2d 488 (Fla. 4th DCA 1989); Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988). Accordingly, we affirm appellant's conviction on all counts but remand for resentencing in accordance with this opinion.
SENTENCE VACATED and CAUSE REMANDED.
DANIEL, C.J., and COWART and GRIFFIN, JJ., concur. . In this case, it was scored as a "life felony” under “additional offenses at conviction.”
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Citator
Cited By
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Inclima v. State, 570 So. 2d 1034 (Fla. 5th DCA 1990)…is flawed. General sentences have been prohibited in Florida since Dorfman v. State, 351 So. 2d 954 (Fla. 1977), and under the state’s reasoning, the penalty imposed in this case would constitute an improper general sentence. Cf. Johnston v. State, 564 So. 2d 1237 (Fla. 5th DCA 1990) (sentence of life for one count of sexual battery and three counts of lewd assault impermissible general sentence). The court also improperly imposed court costs of $225 without giving the de [*1035] fendant notice or an opportu…
Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988)
- Anderson v. State, 550 So. 2d 488 (Fla. 4th DCA 1989)