From Casetext: Smarter Legal Research

Alvarez v. State

District Court of Appeal of Florida, Third District
Mar 3, 1992
592 So. 2d 1213 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-313.

January 28, 1992. Rehearing Denied March 3, 1992.

Appeal from the Circuit Court for Dade County, Thomas M. Carney, J.

Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.

Victor Alvarez, in pro. per.

Robert A. Butterworth, Atty. Gen., and Consuelo Maingot, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and GODERICH, JJ.


In his appeal of his convictions and sentence, defendant cites several errors. Finding no merit in any of the issues raised, we affirm defendant's convictions, but vacate his sentence. The record demonstrates that the trial court imposed one written sentence of three years imprisonment for one count of aggravated assault with a firearm and for one count of shooting into an occupied vehicle. "General sentences for multiple convictions are not proper." Lewis v. State, 567 So.2d 50, 51 (Fla. 5th DCA 1990); Nodel v. State, 579 So.2d 768 (Fla. 3d DCA 1991) (on motion for rehearing); Morgan v. State, 590 So.2d 1119 (Fla. 4th DCA 1991); see Dorfman v. State, 351 So.2d 954 (Fla. 1977). "A sentence must be imposed for each offense." Fla.R.Crim.P. 3.701(d)(12). We therefore vacate the sentence and remand the case for imposition of a separate sentence for each count.

Convictions affirmed; sentence vacated; case remanded.


Summaries of

Alvarez v. State

District Court of Appeal of Florida, Third District
Mar 3, 1992
592 So. 2d 1213 (Fla. Dist. Ct. App. 1992)
Case details for

Alvarez v. State

Case Details

Full title:VICTOR ALVAREZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 3, 1992

Citations

592 So. 2d 1213 (Fla. Dist. Ct. App. 1992)

Citing Cases

Valiente v. State

Second degree felony Second, as conceded by the state, the life sentence imposed below as a general sentence…