RALPH ANTHONY CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Ralph Anthony Cruz appeals his convictions for Lewd and Lascivious Assault and Indecent Exposure, challenging both the convictions and the sentencing. The court affirms the convictions but reverses and remands the sentencing, finding that the trial court's imposition of a general sentence covering both charges violated sentencing requirements and that the split sentence for Indecent Exposure exceeded the maximum penalty allowed for a first-degree misdemeanor.
The court affirmed the convictions but reversed the sentencing. The court held that the trial court must sentence the defendant separately on each charge and must delete the probation portion of the sentence for Indecent Exposure, since a first-degree misdemeanor carries a maximum one-year term and a split sentence cannot exceed that maximum.
[1] A general sentence imposed for multiple offenses is illegal and must be reversed and remanded for separate sentencing on each charge.
[2] A sentence for a first-degree misdemeanor cannot exceed one year of imprisonment.
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Join FLexlaw to unlock all legal intelligence“A 'split sentence' of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged.”
Establishes the fundamental rule that the total sanctions in a split sentence are limited by the maximum penalty for the offense
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Join FLexlaw to unlock all legal intelligenceCruz was convicted of Lewd and Lascivious Assault and Indecent Exposure. The trial court imposed a single 'general sentence' covering both charges: 36…
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PER CURIAM.
The defendant, Ralph Anthony Cruz, was convicted of Lewd And Lascivious Assault and Indecent Exposure. In connection with his convictions for those two offenses, the trial court imposed a “general sentence” intended to cover both charges, by sentencing the defendant to serve 364 days in the County Jail, with credit for time served, followed by a period of one year’s probation with special conditions. Thereafter, the defendant commenced this appeal wherein he challenged the legality of the sentence imposed as well as the basis for the convictions.
Pursuant to the State’s proper concession, we reverse the general sentence imposed on the Lewd and Lascivious Assault and the Indecent Exposure charges, and remand to the trial court with directions to sentence the defendant separately on each of those two charges and, furthermore, to delete the probation portion of the sentence imposed on the defendant in connection with the Indecent Exposure charge, since the addition of probation to the jail sentence imposed for the Indecent Exposure charge exceeds the maximum penalty that can be imposed on the defendant for that offense. A person convicted of a first-degree misdemeanor “may be sentenced for a term of imprisonment not exceeding one year.” § 775.082(4)(a), Fla.Stat. (1996).
For a split sentence, “[t]he total sanction shall not exceed the term provided by general law or the guidelines recommended sentence _” Fla.R.Crim.P. 3.702(d)(19) (1996); see Gonzalez v. State, 546 So. 2d 786, 786 (Fla. 3d DCA 1989) (“A ‘split sentence’ of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged.”); State v. Holmes, 360 So. 2d 380 (Fla.1978).
Since the charge of Indecent Exposure is a first-degree misdemeanor, the defendant can only be sentenced to a total term of one year. Since his sentence included one year imprisonment plus probation thereafter, his total sentence for that offense exceeded this limit.
The nature and length of the sentence imposed for the Lewd and Lascivious Assault charge is permissible and, therefore, affirmed. In all other respects, the judgment of the trial court is affirmed.
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Parks v. State, 765 So. 2d 35 (Fla. 2000)…entencing errors that he contends constitute fundamental error: (1) the use of a general sentence in case numbers 94-86 and 95-486, which include more than one count in violation of Carter v. State, 689 So. 2d 455 (Fla. 5th DCA 1997), Cruz v. State, 674 So. 2d 802 (Fla. 3d DCA 1996), and Inclima v. State, 570 So. 2d 1034 (Fla. 5th DCA 1990); (2) his sentences of twelve years’ probation exceed the statutory maximum for third-degree felonies; and (3) when imposing a new sentence after revoking probation, the co…
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Gibson v. Fla. Dep't OF Corr., 828 So. 2d 422 (Fla. 1st DCA 2002)…for multiple offenses is improper. See Fasenmyer v. State, 457 So. 2d 1361, 1366 (Fla.1984); Carroll v. State, 361 So. 2d 144, 147 (Fla.1978); Dorfman, 351 So. 2d at 956-57; Durant v. State, 763 So. 2d 1157, 1158 (Fla. 4th DCA 2000); Cruz v. State, 674 So. 2d 802, 802-03 (Fla. 3d DCA 1996); Valiente v. State, 605 So. 2d 1294, 1294-95 (Fla. 3d DCA 1992); Lewis v. State, 567 So. 2d 50, 51 (Fla. 5th DCA 1990); Brown v. State, 500 So. 2d 649, 650-51 (Fla. 1st DCA 1986); Reichman v. State, 473 So. 2d 1324, 1325 (…1 / 2
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Carter v. State, 689 So. 2d 455 (Fla. 5th DCA 1997)…the arguments presented by appellant and find only one reversible error. The state concedes that the trial court imposed a general sentence of 260 months as to all five counts of which the defendant was convicted. This was error. See Cruz v. State, 674 So. 2d 802 (Fla. 3d DCA 1996). We reverse and remand to the lower court for resentencing. See also Armstrong v. State, 656 So. 2d 455 (Fla.1995). AFFIRMED IN PART, REVERSED IN PART AND REMANDED. W. SHARP and GRIFFIN, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Wilfredo Gonzalez v. State, 546 So. 2d 786 (Fla. 3d DCA 1989)