WILLIE JASPER DARDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We previously affirmed the appellant’s convictions but vacated the general 20-year sentence for robbery and assault with intent to commit first degree murder with firearms, and vacated the judgment and sentence for using a firearm while committing a felony. We remanded for re-sentencing with directions to the trial court to apportion the appellant’s negotiated 20-year sentence between the robbery and the assault convictions. Darden v. State, Fla.App.2d 1975, 306 So. 2d 581.
The trial judge apparently misconstrued our previous opinion since upon remand he sentenced the appellant Darden to 20 years for robbery and 15 years for assault with intent to commit first degree murder with firearms, with the sentences to run concurrently.
We now vacate the sentences and again remand to the trial court with directions that the negotiated 20-year sentence be apportioned between the robbery and the assault counts. It was improper to sentence the appellant for 20 years on one count and then impose any further sentence, albeit concurrent, on the other count. The sum total of all sentences to be imposed must not exceed 20 years.
HOBSON, A. C. J., and GRIMES and SCHEB, JJ., concur.
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Daudt v. State, 368 So. 2d 52 (Fla. 2d DCA 1979)…ting 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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Fundak v. State, 362 So. 2d 295 (Fla. 2d DCA 1978)…The imposition of a single judgment and sentence upon a defendant lawfully found guilty of two or more separate crimes is improper. See 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). The charges lodged against appellant arose out of a single criminal episode in which he possessed and sold a single marijuana cigarette to a police officer. The general rule is that a defendant may properly be charged and tried…
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Loose v. State, 347 So. 2d 817 (Fla. 2d DCA 1977)…entence entered upon appellant’s plea of guilty to two separate crimes, i. e. attempted burglary and possession of burglary tools, must be apportioned between the charges. Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975); see also Darden v. State, 330 So. 2d 750 (Fla. 2d DCA 1976). Appellant need not be present for this purpose. McNULTY, A. C. J., and GRIMES and OTT, JJ., concur.…
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- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)