From Casetext: Smarter Legal Research

Rohaus v. State

District Court of Appeal of Florida, Fourth District
Feb 28, 1996
667 So. 2d 858 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-3659.

January 24, 1996. Rehearing, Rehearing En Banc, and Stay Pending Review Denied February 28, 1996.

Appeal from the Circuit Court for Broward County; Howard M. Zeidwig, Judge.

Richard L. Rosenbaum of Law Offices of Richard L. Rosenbaum, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.


Appellant Douglas Rohaus appeals his convictions and sentences on four counts of official misconduct, seven counts of grand theft, and ten counts of petit theft. Rohaus raises four points on appeal. We find merit only in the final issue which addresses a sentencing irregularity. We accordingly affirm his convictions, but reverse his sentences and remand to the trial court to correct a sentencing error.

Appellant was a forfeiture officer with the Hallandale, Florida, police department. As a result of an internal audit, appellant was charged by amended information with thirteen (13) counts of official misconduct, seven (7) counts of grand theft, and ten (10) counts of petit theft. At the conclusion of the state's case, Rohaus moved for a judgment of acquittal, which the court granted on nine of the thirteen counts of official misconduct including count I. Thereafter, appellant was convicted by a jury of the remaining counts.

At sentencing the trial court sentenced Rohaus on each of the petit theft counts to a term of county jail time to run concurrent with that imposed in count I; however, count I had been previously dismissed by the court pursuant to the judgment of acquittal.

It is axiomatic that one cannot be sentenced to a term of punishment that runs concurrently with the sentence imposed for a dismissed count because no such sentence exists. See generally Thomas v. State, 633 So.2d 1122 (Fla. 5th DCA), review denied, 640 So.2d 1109 (Fla. 1994).

AFFIRMED; REMANDED FOR RESENTENCING.

STONE and FARMER, JJ., concur.


Summaries of

Rohaus v. State

District Court of Appeal of Florida, Fourth District
Feb 28, 1996
667 So. 2d 858 (Fla. Dist. Ct. App. 1996)
Case details for

Rohaus v. State

Case Details

Full title:Douglas ROHAUS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 28, 1996

Citations

667 So. 2d 858 (Fla. Dist. Ct. App. 1996)

Citing Cases

Whipple v. D.O.C.

That is because a sentence that has been fully served leaves nothing for another sentence to be attached as…

Whipple v. Dept. of Corrections

That is because a sentence that has been fully served leaves nothing for another sentence to be attached as…