ERIC C. MCDANIELS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• 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…