COSTELLO KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentences imposed on multiple offenses, when not specified for each offense, are general and invalid.
Appellant pled nolo contendere to three informations charging assault with intent to commit rape, extortion, and kidnapping. He was sentenced to ten y…
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BOARDMAN, Judge.
Upon consideration of appellant’s motion, we granted him full appellate review under Baggett v. Wainwright, Fla.1969, 229 So. 2d 239, of the three judgments and sentences entered in the Polk County Circuit Court in Cases #CF74-800, #CF74-.801, and # CF74-802.
Appellant pled nolo contendere to the three informations, each of which charged assault with intent to commit rape, extortion and kidnapping. The said offenses were alleged to have been committed upon three different victims. Appellant was adjudicated guilty and, pursuant to the plea bargain, was sentenced to serve ten years in the state prison on each information, the sentences to run concurrently. Being unable to ascertain the specific sentence imposed on each of the violations contained in each count of the three informations, we have in several prior cases held such sentences to be general and, therefore, invalid. Darden v. State, Fla.App.2d 1975, 306 So. 2d 581; Haddon v. State, Fla.App.2d 1975, 307 So. 2d 238; Long v. State, Fla.App.2d 1975, 310 So. 2d 35; Farmer v. State, Fla.App.2d 1975, 315 So. 2d 225.
We have considered the other points raised by appellant and find them to be without merit. Davis v. State, Fla.App.2d 1973, 277 So. 2d 300; Williams v. State, Fla.App.2d 1974, 297 So. 2d 67.
The judgments are affirmed; but, the causes are remanded for proper sentencing. The action may be taken without the appellant appearing before the court.
HOBSON, Acting C. J., and SCHEB, J., concur.
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Citator
Cited By
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Dorfman v. State, 351 So. 2d 954 (Fla. 1977)…n is affirmed in all other respects. OVERTON, C. J., and BOYD and SUND-BERG, JJ., concur. ADKINS, J., concurs in result only. . The district court’s decision conflicts with Kelly v. State, 334 So. 2d 128 (Fla.2d DCA 1976), and with King v. State, 320 So. 2d 19 (Fla.2d DCA 1975), thereby providing this Court with jurisdiction pursuant to Art. V, § 3(b)(3), Fla.Const. . § 800.04, Fla.Stat. (1969). Since the general revision of Florida’s criminal penalty statutes took effect on January 1, 1972, this offense…1 / 2
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Johnson v. State, 338 So. 2d 252 (Fla. 1st DCA 1976)…it. Thus, the jury had the inference before it for such weight as it considered should be given to it. As to the trial court imposing one sentence on appellant for the two convictions, it was error to impose such a general sentence. King v. State, 320 So. 2d 19 (Fla. 2 DCA 1975). The convictions are affirmed, but the general three year sentence is reversed. The case is remanded for resentencing with directions to apportion the three year sentence between the two convictions. Such resentencing may be accom…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)
- Davis v. State, 277 So. 2d 300 (Fla. 2d DCA 1973)
- Long v. State, 310 So. 2d 35 (Fla. 2d DCA 1975)
- Haddon v. State, 307 So. 2d 238 (Fla. 2d DCA 1975)
- Farmer v. State, 315 So. 2d 225 (Fla. 2d DCA 1975)
- Williams v. State, 297 So. 2d 67 (Fla. 2d DCA 1974)