WILLIE JASPER DARDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Convictions affirmed but general twenty-year sentence vacated and remanded for resentencing because imposing a single sentence across multiple crimes presents constitutional problems requiring apportionment between the robbery and assault convictions.
A general sentence imposed across multiple convictions must be vacated and remanded for resentencing with apportionment between the underlying crimes, even if the aggregate sentence is within the maximum for all crimes combined.
[1] A general sentence imposed across multiple convictions must be vacated and remanded for resentencing with apportionment between crimes, even when the aggregate sentence f…
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Join FLexlaw to unlock all legal intelligenceDarden pleaded nolo contendere to robbery, assault with intent to commit first-degree murder with firearms, and use of a firearm while committing a fe…
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McNULTY, Chief Judge.
Following pleas of nolo contendere, and pursuant to negotiations, appellant was sentenced to a general twenty year sentence for convictions of robbery, assault with intent to commit first degree murder with firearms and use of a firearm while committing a felony.
The sentencing insofar as it was for use of a firearm in commission of a felony was improper,' being part of the same transaction as the robbery ,1
The general twenty year sentence is within the maximum for the aggregate of the remaining two crimes for which appellant was adjudicated guilty, the maximum sentence for robbery being life and for assault with intent to commit murder being fifteen years imprisonment. How-ever, the very imposition of a general sentence presents various potential problems. These problems were discussed in Benson v. United States2 which vacated a general sentence within the maximum of the crimes for which appellant was convicted and remanded for resentencing. Although this court has previously held a general sentence involving less than the maximum sentence to be harmless error,3 we are now persuaded by the reasoning in Benson, supra, that the error is not harmless.
Therefore, the convictions are affirmed but the general twenty year sentence is hereby vacated.. The case is remanded for resentencing, apportioning the negotiated twenty year sentence between the robbery and assault with intent to commit murder convictions.
HOBSON and GRIMES, JJ., concur. . Cone v. State (Fla.1973), 285 So. 2d 12.
. (5th Cir. 1963), 332 F. 2d 288.
. See Warncke v. State (Fla.App.2d, 1971), 247 So. 2d 27.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (42 total)
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Dorfman v. State, 351 So. 2d 954 (Fla. 1977)…District Court of Appeal vacated a general sentence and remanded the case for resentencing on the basis of the reasoning of the United States Fifth Circuit Court of Appeals in Benson v. United States, 332 F. 2d 288 (5th Cir. 1964). Darden v. State, 306 So. 2d 581 (Fla.2d DCA 1975). In Benson, the court had invalidated a general sentence because its imposition impeded appellate and collateral review of convictions, and hindered prison authorities.7 Since Darden, the Second District Court of Appeal has regula…
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Daudt v. State, 368 So. 2d 52 (Fla. 2d DCA 1979)…led to be present at the resentencing. BOARDMAN, Acting C. J., and SCHEB, J., concur. . This was a general sentence which is no longer proper and may not be imposed by the trial court. Dorfman v. State, 351 So. 2d 954 (Fla. 1977); Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975); Darden v. State, 330 So. 2d 750 (Fla. 2d DCA 1976); see Fundak v. State, 362 So. 2d 295 (Fla. 2d DCA 1978).…
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Johnson v. State, 338 So. 2d 556 (Fla. 3d DCA 1976)…is argued that the trial court erred in imposing a general sentence on the charge of robbery and display of a firearm during the commission of a felony, where both charges arose out of a single transaction. The appellant relies upon Darden v. State, 306 So. 2d 581 (Fla.2d DCA 1975), for the proposition that general sentences on multiple counts are improper and, therefore, concludes that the general five year sentence is illegal under the Darden rule. See also Benson v. United States, 332 F. 2d 288 (5th Cir. 1…
Previewing 3 of 42 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Benson v. United States, 332 F.2d 288 (5th Cir. 1964)
- Hans Jochel Warncke v. State, 247 So. 2d 27 (Fla. 2d DCA 1971)