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315 So. 2d 522

Landers v. State

District Court of Appeal of Florida · decided 1975-07-18

Cited by 2 later decisions — most recently July 1977

1 state decisions

Relies on 316 So. 2d 267 - Williams v. State · 306 So. 2d 581 - Darden v. State · 276 So. 2d 245 - Caivano v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-18

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PER CURIAM.

¶1Appellant pled guilty to eleven drug related charges contained in four in-formations. He was given consecutive three year sentences on each of the four informations. While the judgments are hereby affirmed, these general sentences must be set aside pursuant to Darden v. State, Fla.App.2d, 1975, 306 So.2d 581.

¶2We note that following the filing of the notices of appeal, the lower court entered an order which had the effect of reducing the total of appellant’s sentences. Upon remand, the court can enter such new sentences as may be deemed advisable, thereby obviating any question concerning the validity of the order entered below while these cases were on appeal.

¶3We call to the court’s attention the recent case of Williams v. State, Fla.1975, 316 So.2d 267, which emphasizes the need for the court to determine the factual basis for the pleas. In so doing the question of whether some of the sale and possession charges fall within the single transaction *523provisions of Caivano v. State, Fla.App.2d, 1973, 276 So.2d 245, can be resolved. At the same time, the court should make certain that the sentences on the two charges of possession of less than five grams of marijuana do not exceed the one year maximum prescribed by law.

¶4The judgments are affirmed, but the sentences are vacated and the cases are remanded for resentencing.

BOARDMAN, Acting C. J., and GRIMES and SCHEB, JJ., concur.
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