From Casetext: Smarter Legal Research

Wright v. State

District Court of Appeal of Florida, Third District
Apr 19, 1983
429 So. 2d 836 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-973.

April 19, 1983.

Appeal from Circuit Court, Dade County; Morton L. Perry, Judge.

Bennett H. Brummer, Public Defender and Entin, Schwartz, Dion Sclafani, Miami, and Spencer D. Levine, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Scott Silver, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.


After having revoked the appellant's probation on two counts of an information charging the commission of third-degree felonies, the trial court sentenced the appellant on each count to a term of ten years, the sentences to run concurrently. The sentences imposed exceeded the five-year maximum allowable by law, see § 775.082(3)(d), Fla. Stat. (1981), and are, accordingly, vacated and the cause remanded for resentencing. Since the record reflects that the trial court's intent was that the appellant receive a ten-year sentence, the trial court may, if it chooses, accomplish that sentencing goal by imposing consecutive five-year sentences. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982); Herring v. State, 411 So.2d 966 (Fla. 3d DCA 1982).

Sentences vacated and cause remanded for resentencing.


Summaries of

Wright v. State

District Court of Appeal of Florida, Third District
Apr 19, 1983
429 So. 2d 836 (Fla. Dist. Ct. App. 1983)
Case details for

Wright v. State

Case Details

Full title:FRANKLIN WRIGHT, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 19, 1983

Citations

429 So. 2d 836 (Fla. Dist. Ct. App. 1983)

Citing Cases

Willis v. State

The State has suggested that upon remand the trial court should be free to impose this five-year sentence on…