CURTIS SCOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in imposing a general sentence for multiple counts and in failing to award sufficient credit for time served.
Defendant appealed the denial of his motion for post-conviction relief. He argued the trial court improperly imposed a general sentence and failed to …
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On Motion for Clarification Granted
PER CURIAM.
The opinion of this Court filed on October 13, 1999, is vacated and this opinion is substituted in its stead.
Defendant Curtis Scott appeals the trial court’s order denying his “Writ of Habeas Corpus or in the alternative. a 3.850 or 3.800(a) Motion for Post-Conviction Relief.” We affirm in part, reverse in part, and remand for the corrections outlined herein.
Two of the points raised by the defendant are of merit. First, defendant is correct in his contention that the trial court erred by imposing a twelve year general sentence for counts I, II and III. See Burgess v. State, 691 So. 2d 607, 608-09 (Fla. 4th DCA 1997) (“The law is clear that trial courts may no longer issue ‘general’ sentences which encompass more than one count.”); Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990) (general sentences for multiple convictions are not proper). Moreover, as to Count III, the twelve year general sentence imposed constitutes an illegal sentence because it also exceeded the statutory maximum. See Lewis, 567 So. 2d at 51.
Second, as defendant argues, he is entitled to additional credit in case number 97-19074 for time served. The sentencing order entered in case number 97-19074 did not comport with the plea agreement reflected in the transcript. See generally, State v. Frazier, 697 So. 2d 944 (Fla. 3d DCA 1997). As to the balance of defendant’s claims, the record demonstrates Scott knew what he was agreeing to and received a distinct advantage in the sentences imposed by the agreements he made.
Accordingly, Scott is entitled to remand so that the sentencing order reflects a separate, legal sentence for each offense therein. He is also entitled to remand for correction of sentence to reflect additional credit for time served. In all other respects, the order under review is affirmed.
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Brazley v. State, 871 So. 2d 986 (Fla. 3d DCA 2004)…tire general sentence, which encompassed all six counts. The trial court then should have imposed a distinct sentence for each convicted offense, including those counts for which the sentences were not over the statutory maximum. See Scott v. State, 747 So. 2d 1018 (Fla. 3d DCA 1999)(defendant entitled to vacation and remand of general sentence so that the sentencing order reflects a separate, legal sentence for each offense therein); Hooks v. State, 613 So. 2d 607 (Fla. 3d DCA 1993)(same); Lewis v. State, 567…
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Tambasco v. State, 49 So. 3d 863 (Fla. 5th DCA 2010)…g that Mr. Tambasco violated conditions one and five of his probation. However, we reverse the sentence as it was general in nature, and did not specifically address the two counts for which Mr. Tambasco had been placed on probation. Scott v. State, 747 So. 2d 1018 (Fla. 3d DCA 1999). This resulted in the imposition of a fifteen-year Department of Corrections sentence on count two which exceeded the five-year statutory maximum. AFFIRMED IN PART; REVERSED IN PART; and REMANDED for imposition of a corrected se…
Authorities Cited
- State v. Frazier, 697 So. 2d 944 (Fla. 3d DCA 1997)
- Walker v. Reecy Tindall, 567 So. 2d 50 (Fla. 2d DCA 1990)
- Lewis v. State, 567 So. 2d 50 (Fla. 5th DCA 1990)
- Burgess v. State, 691 So. 2d 607 (Fla. 4th DCA 1997)