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367 So. 2d 694

Shabazz v. State

District Court of Appeal of Florida

Decided February 14, 1979

District Court of Appeal of Florida · decided 1979-02-14

Relies on Dorfman v. State · 306 So. 2d 581 - Darden v. State · Budget Investors, Ltd. v. Minnehoma Financial Co.

Decided 1979-02-14

PER CURIAM.

¶1The judgments appealed are affirmed, but case nos. 77-693 (cir.ct.no. 77-120) and 77-815 (cir.ct.no. 77-805) are remanded for resentencing.

¶2In case no. 77-693 the trial court imposed only a single sentence on two separate counts of carrying a concealed firearm. This is a general sentence, which is no longer proper and may not be imposed by a trial court. 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). That sentence is therefore vacated and that case remanded for entry of a separate sentence on each count.

¶3In case no. 77-815 appellant was sentenced to 15 years for uttering a forged instrument. That offense is a third degree felony, § 831.02, Fla.Stat. (1975), punishable by a maximum prison sentence of five years, § 775.082(3)(d), Fla.Stat. (1975). This sentence is therefore vacated and that case remanded for imposition of a sentence within the legal maximum. Appellant is entitled to be present at resentencing.

¶4Remanded for resentencing in two of the cases; otherwise affirmed.

OTT, Acting C. J., and RYDER and DANAHY, JJ., concur.
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