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320 So. 2d 37

Laisure v. State

District Court of Appeal of Florida

Decided September 24, 1975

District Court of Appeal of Florida · decided 1975-09-24

Cited by 1 later decisions — most recently July 1977

Relies on 306 So. 2d 581 - Darden v. State · 310 So. 2d 35 - Long v. State · Haddon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-09-24

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HOBSON, Acting Chief Judge.

¶1We have carefully considered the record on appeal and the briefs of counsel and find that appellant has failed to demonstrate reversible error.

¶2Although not raised on appeal, the written sentence order incorrectly imposed a general sentence on both offenses charged in a two-count information. We have held such general sentences to be invalid. Darden v. State, Fla.App.2d 1975, 306 So.2d 581; Haddon v. State, Fla.App.2d 1975, 307 So.2d 238; Long v. State, Fla.App.2d 1975, 310 So.2d 35; Farmer v. State, Fla.App.2d 1975, 315 So.2d 225.

¶3At the sentencing proceedings the trial judge stated he could not sentence appellant on both counts, and actually sentenced him on Count I only.

¶4The cause is remanded to the trial court for the purpose of entering a corrective sentence for sale of a controlled substance in violation of § 893.13 F.S. (1973). Since this was the actual intention of the trial judge, this action may be taken without the appellant appearing before the court.

¶5The judgment is affirmed and the cause is remanded with directions.

BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
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