Barringer v. State

District Court of Appeal of Florida

Decided September 13, 1978

District Court of Appeal of Florida · decided 1978-09-13

Relies on Dorfman v. State · Insurance Co. of North America v. Acme Electric, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-13

How this case has been cited

Cited by 4 later decisions — most recently April 1997

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RYDER, Judge.

¶1Appellant was charged with two counts of burglary, possession of marijuana and sale of marijuana. He pleaded guilty to the charges and was sentenced to a single general sentence of four years. The trial judge did not specify whether the sentence was predicated upon one, some, or all of the charges.

¶2The imposition of a single judgment and sentence upon a defendant lawfully found guilty of two or more separate crimes is improper. See Dorfman v. State, 351 So.2d 954 (Fla.1977).

¶3Although the possession and sale conviction arose out of a single transaction, a separate sentence should be imposed upon each. See Fundak v. State, 358 So.2d 1195 (Fla.2d DCA 1978). A separate sentence should also be imposed upon each of the burglary charges.

¶4The cause is REVERSED and REMANDED for further proceedings consistent with this opinion.

GRIMES, C. J., and SCHEB, J., concur.