MARSHALL C. CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1997-03-21
No. 96-2356
W. SHARP and GRIFFIN, JJ., concur.
689 So. 2d 455 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 3 cases
Opinion of the Court
COBB, Judge.

COBB, Judge.

We have carefully reviewed 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.

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  • Parks v. State, 765 So. 2d 35 (Fla. 2000)
    …420 (Fla.1981). Parks raises three unpreserved sentencing 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 impos…
  • Carter v. State, 929 So. 2d 1161 (Fla. 5th DCA 2006)
    …for postconvietion relief. We vacate the trial court’s order as a nullity and dismiss this appeal for lack of jurisdiction. On direct appeal, Carter’s five convictions were affirmed by this court, although resentencing was ordered. Carter v. State, 689 So. 2d 455 (Fla. 5th DCA 1997). This court’s mandate issued on April 9, 1997, maldng Carter’s convictions final. See, e.g., Joseph v. State, 835 So. 2d 1221, 1222 n. 3 (Fla. 5th DCA 2003) (“The two-year limitation is not tolled by other collateral proceedings…
  • Tolbert v. State, 792 So. 2d 637 (Fla. 4th DCA 2001)
    …th a child, and Count II, lewd assault. However, we reverse appellant’s sixteen-year aggregate sentence on both counts because, as the state concedes, it is an improper general sentence. See Parks v. State, 765 So. 2d 35 (Fla.2000); Carter v. State, 689 So. 2d 455 (Fla. 5th DCA 1997); Cruz v. State, 674 So. 2d 802 (Fla. 3d DCA 1996). Additionally, the sixteen-year sentence on Count II unlawfully exceeds the statutory maximum of fifteen years for that offense and is greater than the lowest permissible sentence…

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