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Garcia v. State

District Court of Appeal of Florida, Fourth District
May 9, 2001
784 So. 2d 550 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-281.

Opinion filed May 9, 2001.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 99-5657 CFA02.

Carey Haughwout, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.


We affirm appellant Jasinto Garcia's judgment of conviction and sentence on all issues raised. Appellee concedes, and we agree, that the trial court erred in imposing a general sentence for both counts I and II. We remand for the trial court to impose a separate sentence for each count. See Parks v. State, 765 So.2d 35 (Fla. 2000) (general sentences which include more than one count are improper and subject to correction as fundamental error); Cruz v. State, 674 So.2d 802 (Fla. 3d DCA 1996) (separate sentence should be imposed on each charge rather than a general sentence intended to cover both charges).

Stone, Farmer and Shahood, JJ., Concur.


Summaries of

Garcia v. State

District Court of Appeal of Florida, Fourth District
May 9, 2001
784 So. 2d 550 (Fla. Dist. Ct. App. 2001)
Case details for

Garcia v. State

Case Details

Full title:JASINTO GARCIA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 9, 2001

Citations

784 So. 2d 550 (Fla. Dist. Ct. App. 2001)