Gold v. State

District Court of Appeal of Florida

Gold v. State

402 So. 2d 1364, 1981 Fla. App. LEXIS 28246

CourtDistrict Court of Appeal of Florida

DecidedSeptember 4, 1981

DocketNo. 81-216

StatusPublished

This text of 402 So. 2d 1364 (Gold v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gold v. State, 402 So. 2d 1364, 1981 Fla. App. LEXIS 28246 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

We find no error in the trial court’s denial of appellant’s motion to suppress and therefore affirm the judgment adjudicating him guilty of possession of marijuana and methaqualone. However, the single sentence of three years on both counts is an illegal general sentence and violates section 775.021, Florida Statutes (1979). Fundak v. State, 362 So.2d 295 (Fla.2d DCA 1978); Dorfman v. State, 351 So.2d 954 (Fla.1977); Darden v. State, 306 So.2d 581 (Fla.2d DCA 1975); Darden v. State, 330 So.2d 750 (Fla.2d DCA 1976). Accordingly, the sentence is vacated and the cause remanded for resentencing.

SCHEB, C. J., and BOARDMAN and OTT, JJ., concur.

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PER CURIAM.

We find no error in the trial court’s denial of appellant’s motion to suppress and therefore affirm the judgment adjudicating him guilty of possession of marijuana and methaqualone. However, the single sentence of three years on both counts is an illegal general sentence and violates section 775.021, Florida Statutes (1979). Fundak v. State, 362 So.2d 295 (Fla.2d DCA 1978); Dorfman v. State, 351 So.2d 954 (Fla.1977); Darden v. State, 306 So.2d 581 (Fla.2d DCA 1975); Darden v. State, 330 So.2d 750 (Fla.2d DCA 1976). Accordingly, the sentence is vacated and the cause remanded for resentencing.

SCHEB, C. J., and BOARDMAN and OTT, JJ., concur.

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402 So. 2d 1364, 1981 Fla. App. LEXIS 28246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-state-fladistctapp-1981.

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