DONNIE MCCLAIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals from his twenty-two-year concurrent sentences entered upon his convictions on two counts of robbery and one of grand theft. While the twenty-two years was at the top of and thus within the range of the permissible guidelines sentence, the sentence as to each individual count exceeded the statutory maximum, fifteen years for robbery, as a second degree felony, §§ 812.13(2)(e) and 775.082(3)(c), Fla.Stat. (1989), and five years for grand theft, as a third degree felony. §§ 812.014(2)(e)(4) and 775.082(3)(d), Fla.Stat. (1989). In these circumstances, we vacate the sentences actually imposed and remand to permit the trial court to reimpose the twenty-two-year total term of imprisonment by structuring consecutive sentences on each of the three counts which are respectively within the statutory maximum. Thompson v. State, 558 So. 2d 111 (Fla. 3d DCA 1990).
Vacated, remanded.
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Jones v. State, 664 So. 2d 1116 (Fla. 4th DCA 1995)…n count II). The state cites no authority for the proposition that this subdivision of the sentence by counts renders legal the otherwise excessive cumulative sentence. [*1118] There is such authority, but it is distinguishable. In McClain v. State, 633 So. 2d 1131 (Fla. 3d DCA 1994), and Thompson v. State, 558 So. 2d 111 (Fla. 3d DCA 1990), the third district held that a cumulative sentence may exceed the statutory maximum for the most serious offense, provided that the individual sentences for each count do…
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Lawson v. State, 46 So. 3d 1189 (Fla. 2d DCA 2010)…and vacate the written sentences. On remand, the trial court1 may reimpose the overall sentence of twenty-two years’ prison by structuring consecutive sentences that are within the statutory maximum for a second-degree felony. See McClain v. State, 633 So. 2d 1131 (Fla. 3d DCA 1994). As it did previously, the trial court shall award jail credit and prior prison credit. Affirmed in part, reversed in part, and remanded. VILLANTI and LaROSE, JJ., Concur. . Absent a showing that it is necessary for another jud…
Authorities Cited
- Thompson v. State, 558 So. 2d 111 (Fla. 3d DCA 1990)