VERAS GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, Judge.
Appellant, who pled guilty to the offenses of (1) breaking and entering with intent to commit a felony, and (2) grand larceny, was sentenced to ten years, with credit for 93 days served. This general sentence, while within the maximum for the aggregate of the two crimes for which appellant was found guilty, must be vacated since it violates the rule set forth in Darden v. State, Fla.App.2d 1975, 306 So. 2d 581.
We reject the appellant’s further contention that he can be sentenced only for the higher of the two offenses of which he stands convicted. Estevez v. State, Fla.1975, 313 So. 2d 692. Moreover, having failed to show any prejudice, .the appellant’s contention that there was an inadequate showing of factual basis for his plea of guilty to each charge, must also fail. Williams v. State, Fla.1975, 316 So 2d 267. Accordingly, the convictions are affirmed, but the general ten-year sentence is vacated. The case is remanded for resentencing to apportion the ten-year sentence between the two convictions.
BOARDMAN, A. C. J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dorfman v. State, 351 So. 2d 954 (Fla. 1977)…So. 2d 658 (Fla.2d DCA 1976); Kelly v. State, 334 So. 2d 128 (Fla.2d DCA 1976); Taylor v. State, 330 So. 2d 857 (Fla.2d DCA 1976); King v. State, 320 So. 2d 19 (Fla.2d DCA 1975); Donathen v. State, 319 So. 2d 579 (Fla.2d DCA 1975); Griffin v. State, 315 So. 2d 486 (Fla.2d DCA 1975); Landers v. State, 315 So. 2d 522 (Fla.2d DCA 1975); Farmer v. State, 315 So. 2d 225 (Fla.2d DCA 1975); Long v. State, 310 So. 2d 35 (Fla.2d DCA 1975); Haddon v. State, 307 So. 2d 238 (Fla.2d DCA 1975). . The decision suggests, co…
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Hervon Carter v. State, 330 So. 2d 508 (Fla. 4th DCA 1976)…t did not specify which portion of the respective sentences was to be served on each count. It has been held that such a sentence constitutes an impermissible “general sentence,” Landers v. State, 315 So. 2d 522 (Fla.App.2nd 1975); Griffin v. State, 315 So. 2d 486 (Fla.App.2nd 1975); Farmer v. State, 315 So. 2d 225 (Fla.App.2nd 1975); Haddon v. State, 307 So. 2d 238 (Fla.App.2nd 1975); Darden v. State, 306 So. 2d 581 (Fla.App. 2nd 1975). It has also been held that where one is charged in a dual-count in [*509…
Authorities Cited
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)