JOSEPH JAMES BARRINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1978-09-13
No. 77-904
GRIMES, C. J., and SCHEB, J., concur.
362 So. 2d 166 Florida District Court of Appeal, Second District (1978) Negative Treatment
Cited by 8 cases
Topics
General Sentence

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Appellant was charged with two counts of burglary, possession of marijuana and sale of marijuana. He pleaded guilty to the charges and was sentenced to a single general sentence of four years. The trial judge did not specify whether the sentence was predicated upon one, some, or all of the charges.

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).

Although the possession and sale conviction arose out of a single transaction, a separate sentence should be imposed upon each. See Fundak v. State, 358 So. 2d 1195 (Fla.2d DCA 1978). A separate sentence should also be imposed upon each of the burglary charges.

The cause is REVERSED and REMANDED for further proceedings consistent with this opinion.

GRIMES, C. J., and SCHEB, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997)
    …ent for conviction under the vehicular homicide statute, and meet or exceed the level of recklessness involved in McCreary v. State, 371 So. 2d at 1026-27, and Savoia v. State, 389 So. 2d 294 (Fla. 3d DCA 1980). Defendant relies on R.C.G. v. State, 362 So. 2d 166 (Fla. 2d DCA 1978), but the state correctly points out that R.C.G. applied a manslaughter standard to the vehicular homicide statute. In that respect, R.C.G. does not survive the Florida Supreme Court’s later decision in McCreary, which rejected the…
  • Brown v. State, 511 So. 2d 1116 (Fla. 2d DCA 1987)
    …rinking.1 [*1117] Since the jury acquitted him of DWI manslaughter, appellant argues that speeding plus mere drinking alcoholic beverages does not constitute culpable negligence, citing McCreary v. State, 371 So. 2d 1024 (Fla.1979); R.C.G. v. State, 362 So. 2d 166 (Fla. 2d DCA 1978); Day v. State, 154 So. 2d 340 (Fla. 2d DCA 1963); and Jackson v. State, 100 So. 2d 839 (Fla. 1st DCA 1958). These cases, and others not cited, “stand for the proposition that excessive speed alone, ... coupled with evidence of int…
  • Davison v. State, 688 So. 2d 338 (Fla. 1st DCA 1996)
    …negligence. See Peel v. State, 291 So. 2d 226, 228 (Fla. 1st DCA 1974); Chieves v. State, 328 So. 2d 264 (Fla. 1st DCA), cert, denied, State v. Chieves, 336 So. 2d 108 (Fla.1976); Brown v. State, 511 So. 2d 1116 (Fla. 2d DCA 1987); R.C.G. v. State, 362 So. 2d 166 (Fla. 2d DCA 1978); Murray v. State, 329 So. 2d 349 (Fla. 4th DCA 1976)(conviction reversed even though .record indicated .13 blood alcohol content); Norstrom v. State, 587 So. 2d 1148 (Fla. 4th DCA 1991), quashed in part on other grounds, State v.…

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