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624 So. 2d 807

Johnson v. State

District Court of Appeal of Florida

Decided September 28, 1993

District Court of Appeal of Florida · decided 1993-09-28

Cited by 1 later decisions — most recently May 1994

1 state decisions

Relies on Alvarez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-28

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PER CURIAM.

¶1The State correctly concedes that the defendant was improperly sentenced to nine years for displaying a weapon during a criminal offense when the maximum allowable sentence for this third degree felony is five years. See §§ 775.082(3)(d), 790.07(1), Fla.Stat. (1991). The State also correctly concedes that the trial court improperly entered a general sentence on the first three counts charged against the defendant when the defendant should have been sentenced separately as to each count. See Alvarez v. *808State, 592 So.2d 1213 (Fla.3d DCA 1992); Fla.R.Crim.P. S.701(d)(12). Accordingly, we vacate the defendant’s sentences and remand this case for resentencing. In all other respects, the defendant’s convictions are affirmed.

¶2Affirmed in part; reversed in part; remanded for resentencing.

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