Tolbert v. State

District Court of Appeal of Florida

Tolbert v. State

792 So. 2d 637, 2001 Fla. App. LEXIS 11871, 2001 WL 948314

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 2001

DocketNo. 4D99-3239

StatusPublished

This text of 792 So. 2d 637 (Tolbert 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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Tolbert v. State, 792 So. 2d 637, 2001 Fla. App. LEXIS 11871, 2001 WL 948314 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm appellant’s judgment of conviction on Count I, sexual activity with a child, and Count II, lewd assault. However, we reverse appellant’s sixteen-year aggregate sentence on both counts because, as the state concedes, it is an improper general sentence. See Parks v. State, 765 So.2d 35 (Fla.2000); Carter v. State, 689 So.2d 455 (Fla. 5th DCA 1997); Cruz v. State, 674 So.2d 802 (Fla. 3d DCA 1996). Additionally, the sixteen-year sentence on Count II unlawfully exceeds the statutory maximum of fifteen years for that offense and is greater than the lowest permissible sentence on appellant’s sentencing guidelines scoresheet. '§§ 800.04, 775.082(3)(c), 921.0024(2), Fla. Stat. (2000).

REVERSED and REMANDED for further proceedings.

POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.

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PER CURIAM.

We affirm appellant’s judgment of conviction on Count I, sexual activity with a child, and Count II, lewd assault. However, we reverse appellant’s sixteen-year aggregate sentence on both counts because, as the state concedes, it is an improper general sentence. See Parks v. State, 765 So.2d 35 (Fla.2000); Carter v. State, 689 So.2d 455 (Fla. 5th DCA 1997); Cruz v. State, 674 So.2d 802 (Fla. 3d DCA 1996). Additionally, the sixteen-year sentence on Count II unlawfully exceeds the statutory maximum of fifteen years for that offense and is greater than the lowest permissible sentence on appellant’s sentencing guidelines scoresheet. '§§ 800.04, 775.082(3)(c), 921.0024(2), Fla. Stat. (2000).

REVERSED and REMANDED for further proceedings.

POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.

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792 So. 2d 637, 2001 Fla. App. LEXIS 11871, 2001 WL 948314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolbert-v-state-fladistctapp-2001.

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