RONALD W. LANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the judgments of guilt but vacated the sentences, remanding for resentencing.
Appellant pleaded guilty to eleven drug-related charges and received consecutive sentences. The lower court later entered an order reducing the total …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Factual Basis For Plea cases and more on FLexlaw
PER CURIAM.
Appellant pled guilty to eleven drug related charges contained in four in-formations. He was given consecutive three year sentences on each of the four informations. While the judgments are hereby affirmed, these general sentences must be set aside pursuant to Darden v. State, Fla.App.2d, 1975, 306 So. 2d 581.
We note that following the filing of the notices of appeal, the lower court entered an order which had the effect of reducing the total of appellant’s sentences. Upon remand, the court can enter such new sentences as may be deemed advisable, thereby obviating any question concerning the validity of the order entered below while these cases were on appeal.
We call to the court’s attention the recent case of Williams v. State, Fla.1975, 316 So. 2d 267, which emphasizes the need for the court to determine the factual basis for the pleas. In so doing the question of whether some of the sale and possession charges fall within the single transaction provisions of Caivano v. State, Fla.App.2d, 1973, 276 So. 2d 245, can be resolved. At the same time, the court should make certain that the sentences on the two charges of possession of less than five grams of marijuana do not exceed the one year maximum prescribed by law.
The judgments are affirmed, but the sentences are vacated and the cases are remanded for resentencing.
BOARDMAN, Acting C. J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dorfman v. State, 351 So. 2d 954 (Fla. 1977)…. 2d 128 (Fla.2d DCA 1976); Taylor v. State, 330 So. 2d 857 (Fla.2d DCA 1976); King v. State, 320 So. 2d 19 (Fla.2d DCA 1975); Donathen v. State, 319 So. 2d 579 (Fla.2d DCA 1975); Griffin v. State, 315 So. 2d 486 (Fla.2d DCA 1975); Landers v. State, 315 So. 2d 522 (Fla.2d DCA 1975); Farmer v. State, 315 So. 2d 225 (Fla.2d DCA 1975); Long v. State, 310 So. 2d 35 (Fla.2d DCA 1975); Haddon v. State, 307 So. 2d 238 (Fla.2d DCA 1975). . The decision suggests, contrary to the Clark limitation on Benson (n. 7 above…
-
Hervon Carter v. State, 330 So. 2d 508 (Fla. 4th DCA 1976)…o thirty years on the same two counts. The trial court did not specify which portion of the respective sentences was to be served on each count. It has been held that such a sentence constitutes an impermissible “general sentence,” Landers v. State, 315 So. 2d 522 (Fla.App.2nd 1975); Griffin v. State, 315 So. 2d 486 (Fla.App.2nd 1975); Farmer v. State, 315 So. 2d 225 (Fla.App.2nd 1975); Haddon v. State, 307 So. 2d 238 (Fla.App.2nd 1975); Darden v. State, 306 So. 2d 581 (Fla.App. 2nd 1975). It has also been he…
Authorities Cited
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)
- Caivano v. State, 276 So. 2d 245 (Fla. 2d DCA 1973)