VICTOR ALVAREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
In his appeal of his convictions and sentence, defendant cites several errors. Finding no merit in any of the issues raised, we affirm defendant’s convictions, but vacate his sentence. The record demonstrates that the trial 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.” Fla.R.Crim.P. 3.701(d)(12). We therefore vacate the sentence and remand the case for imposition of a separate sentence for each count.
Convictions affirmed; sentence vacated; case remanded.
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Valiente v. State, 605 So. 2d 1294 (Fla. 3d DCA 1992)…which the defendant was convicted was illegal and [*1295] must be vacated. It is well settled that a separate sentence on each count for which the defendant is convicted must be imposed. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Alvarez v. State, 592 So. 2d 1213 (Fla. 3d DCA 1992) (where trial court imposed one sentence for two counts, sentence must be vacated since “[gjeneral sentences for multiple convictions are not proper.”). Beyond that, the life sentence herein was improperly imposed under the habitua…
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Johnson v. State, 624 So. 2d 807 (Fla. 3d DCA 1993)…State also correctly concedes that the trial court improperly entered a general sentence on the first three counts charged against the defendant when the defendant should have been sentenced separately as to each count. See Alvarez v. [*808] State, 592 So. 2d 1213 (Fla.3d DCA 1992); Fla.R.Crim.P. S.701(d)(12). Accordingly, we vacate the defendant’s sentences and remand this case for resentencing. In all other respects, the defendant’s convictions are affirmed. Affirmed in part; reversed in part; remanded fo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Emilio Nodel v. State, 579 So. 2d 768 (Fla. 3d DCA 1991)
- Walker v. Reecy Tindall, 567 So. 2d 50 (Fla. 2d DCA 1990)
- Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990)
- Morgan v. State, 590 So. 2d 1119 (Fla. 4th DCA 1991)
- Chestnut v. State, 590 So. 2d 1119 (Fla. 4th DCA 1991)