EDDIE SEAGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot modify legal sentences on other counts when correcting an illegal sentence on one count.
Appellant pleaded guilty to multiple charges and received concurrent sentences. After one conviction was vacated, the trial court resentenced him on o…
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PER CURIAM.
Eddie Seago appeals from a resentencing on three counts of a five count information. He argues that the trial court erred when, after vacating the conviction and sentence imposed in count I it resentenced him to consecutive prison terms on counts II, IV and V, when those sentences had previously been imposed concurrently. We agree and reverse.
The appellant pleaded guilty to count I dealing in stolen property, count II uttering a forged instrument, count III fleeing to elude, count IV battery on a law enforcement officer and count V resisting arrest with violence. He was initially sentenced to fifteen years in prison on count I; five years concurrent on count II; time served on count III; and five years concurrent on counts IV and V.
The trial court later set aside the dealing in stolen property conviction under State v. Camp, 596 So. 2d 1055 (Fla.1992). Appellant was resentenced on the other counts as follows: count II five years prison; count III time served; count IV five years consecutive; and count V two years consecutive. The resentencing took place two and a half years after the original sentencing.
This court in Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989), held that a trial court, when correcting an illegal sentence on one count of an information, does not have the authority to modify legal sentences that have been rendered on the other counts. See also Lane v. State, 627 So. 2d 556 (Fla. 2d DCA Nov. 24, 1993); Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984), cert. denied, 470 U.S. 1035, 105 S.Ct. 1407, 84 L.Ed.2d 796 (1985).
Reversed and remanded with directions to the trial court to reinstate the original sentences on counts II through V.
CAMPBELL, A.C.J., BLUE, J., and BROWNELL, SCOTT M., Associate Judge, concur.
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Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007)…tencing plan does not justify modification, on remand after appeal, of sentences on convictions not challenged on appeal or disturbed by the appellate court.” Id. at 1366; see also Burnett v. State, 890 So. 2d 335 (Fla. 2d DCA 2004); Seago v. State, 627 So. 2d 1316 (Fla. 2d DCA 1993); Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994).7 This analysis has also been applied in the context of a defendant’s motion to correct sentence pursuant to rule 3.800(b)(2). This court has specifically held that a motion t…
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Antwuan Lopez Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994)…ecutively, and seeks remand for its conformance to the oral pronouncement that it was to run concurrently. The state does not address the trial court’s later oral pronouncement that the Count IV sentence was to run consecutively. In Seago v. State, 627 So. 2d 1316 (Fla. 2d DCA1993), Seago was convicted of dealing in stolen property, uttering, fleeing to elude, battery on a law enforcement officer, and resisting arrest with violence. The trial court later set aside the conviction for dealing in stolen property…
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Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)…licated in his motion to correct sentencing error); Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994) (order remanding for resentencing on counts II and III did not permit trial court to modify legal sentences on counts I and IV); Seago v. State, 627 So. 2d 1316 (Fla. 2d DCA 1993) (reversing trial court which resen-tenced on counts not affected by vacation of one count of the judgment). Ill As I noted earlier, this case is also plainly not a case where a court is permitted to restructure a vacated sentenc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reed v. Slakan, 470 U.S. 1035 (U.S. 1985)
- Fasenmyer v. State, 457 So. 2d 1361 (Fla. 1984)
- State v. Camp, 596 So. 2d 1055 (Fla. 1992)
- Neilsen Arelen Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989)
- Lane v. State, 627 So. 2d 556 (Fla. 2d DCA 1993)