ANTONIO S. LEVY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A general sentence for multiple offenses is improper, and a sentence for a first-degree misdemeanor cannot exceed one year.
Antonio Levy was convicted of felony delivery of cannabis and misdemeanor possession of cannabis. The trial court imposed an eighteen-month sentence, …
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Antonio Levy challenges his sentence of eighteen months for the first-degree misdemeanor of possession of less than twenty grams of cannabis.1 See § 893.13(6)(b), Florida Statutes (2008). The State concurs that because a first-degree misdemeanor is punishable by up to only one year in jail, § 775.082(4)(a), Levy must be resentenced.
After a jury found Levy guilty of the third-degree felony of delivery of cannabis, § 893.13(l)(a)(2), and the first-degree misdemeanor of possession of cannabis, the trial court orally pronounced that it would sentence Levy to eighteen months in prison. The written sentence is consistent with the court’s pronouncement in imposing a general sentence for the two offenses, which the supreme court has held is improper. See Dorfman v. State, 351 So.2d 954, 957 (Fla.1977). Trial courts must impose separate sentences for separate offenses.
Accordingly, we reverse Levy’s sentence of eighteen months for the first-degree misdemeanor of possession of less than twenty grams of cannabis and remand with directions that the trial court sentence Levy to not more than one year for this offense.
Reversed and remanded for resentenc-ing.
KELLY and KHOUZAM, JJ., Concur.
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Citator
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Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)