RICKY B. LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court erred by imposing one written sentence of twelve years in the Department of Corrections for two second-degree felonies and one third-degree felony. While the sentence was within the guidelines’ recommended range of nine to twelve years’ incarceration, it exceeded the statutory maximum of five years’ incarceration for the third-degree felony of grand theft.
General sentences for multiple convictions are not proper. Rule 3.701(d)(12), Fla.R.Crim.P.; see Dorfman v. State, 351 So. 2d 954 (Fla.1977). The sentence is vacated, and we remand so that individual sentences may be given for each felony, including twelve years’ incarceration for each of the second-degree felonies if that is deemed appropriate by the trial court, but not more than the statutory limit of five years for the third-degree felony.
Sentence VACATED and REMANDED.
DAUKSCH, COBB and PETERSON, JJ., concur.
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Brazley v. State, 871 So. 2d 986 (Fla. 3d DCA 2004)…018 (Fla. 3d DCA 1999)(defendant entitled to vacation and remand of general sentence so that the sentencing order reflects a separate, legal sentence for each offense therein); Hooks v. State, 613 So. 2d 607 (Fla. 3d DCA 1993)(same); Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990)(same). Brazley has challenged only the sentences imposed and has not moved to withdraw his plea. We therefore reverse the order granting partial relief from Brazley’s illegal general sentence, vacate the entire sentence and rema…
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Alvarez v. State, 592 So. 2d 1213 (Fla. 3d DCA 1992)…al court imposed one written sentence of three years imprisonment for one count of aggravated assault with a firearm and for one count of shooting into an occupied vehicle. “General sentences for multiple convictions are not proper.” Lewis v. State, 567 So. 2d 50, 51 (Fla. 5th DCA 1990); Nodel v. State, 579 So. 2d 768 (Fla. 3d DCA 1991) (on motion for rehearing); Morgan v. State, 590 So. 2d 1119 (Fla. 4th DCA 1991); see Dorfman v. State, 351 So. 2d 954 (Fla.1977). “A sentence must be imposed for each offense…
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Emilio Nodel v. State, 579 So. 2d 768 (Fla. 3d DCA 1991)…with directions for resen-tencing within the guidelines. While it was neither raised nor argued herein, we are not unmindful of the fact that an improper general sentence for multiple convictions was entered in the instant case. See Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990); Rule 3.701(d)(12), Florida Rules of Criminal Procedure. However, in as much as we have reversed the sentence imposed herein, and have remanded for resentencing, we feel confident that the trial court will correct this upon resen…
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- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)