WILLIE JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The State correctly concedes that the defendant was improperly sentenced to nine years for displaying a weapon during a criminal offense when the maximum allowable sentence for this third degree felony is five years. See §§ 775.082(3)(d), 790.07(1), Fla.Stat. (1991). The 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. 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 for resentencing.
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Rahmings v. State, 636 So. 2d 567 (Fla. 3d DCA 1994)…hough we approve enforcement of the furlough agreement in this case, resentencing is nevertheless necessary because the defendant improperly received a general sentence, instead of being sentenced individually as to each count. See Johnson v. State, 624 So. 2d 807 (Fla. 3d DCA 1993). In resentencing the defendant in accordance with the breached furlough agreement, the trial court should be cognizant of the statutory máximums for each of the offenses. See §§ 784.045(2), 775.-082(3)(e), Fla.Stat. (1991). Affir…
Authorities Cited
- Alvarez v. State, 592 So. 2d 1213 (Fla. 3d DCA 1992)