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667 So. 2d 858

Rohaus v. State

District Court of Appeal of Florida

Decided January 24, 1996

District Court of Appeal of Florida · decided 1996-01-24

Cited by 1 later decisions — most recently February 2005

1 state decisions

Key passage — most relied on by later courts

“It is axiomatic that one cannot be sentenced to a term of punishment that runs concurrent with the sentence imposed for a dismissed count because no such sentence exists.”

quoted by 1 later decision, including Whipple v. DEPARTMENT OF CORRECTIONS, STATE

Relies on 640 So. 2d 1105 - Florida Bar v. Gentz · Arjomand v. Ross

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-24

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SHAHOOD, Judge.

¶1Appellant Douglas Rohaus appeals his convictions and sentences on four counts of official misconduct, seven counts of grand theft, and ten counts of petit theft. Rohaus raises four points on appeal. We find merit only in the final issue which addresses a sentencing irregularity. We accordingly affirm his convictions, but reverse his sentences and remand to the trial court to correct a sentencing error.

¶2Appellant was a forfeiture officer with the Hallandale, Florida, police department. As a result of an internal audit, appellant was charged by amended information with thirteen (13) counts of official misconduct, seven (7) counts of grand theft, and ten (10) counts of petit theft. At the conclusion of the state’s case, Rohaus moved for a judgment of acquittal, which the court granted on nine of the thirteen counts of official misconduct including count I. Thereafter, appellant was convicted by a jury of the remaining counts.

¶3At sentencing the trial court sentenced Rohaus on each of the petit theft counts to a term of county jail time to run concurrent with that imposed in count I; however, count I had been previously dismissed by the court pursuant to the judgment of acquittal.

¶4It is axiomatic that one cannot be sentenced to a term of punishment that runs concurrently with the sentence imposed for a dismissed count because no such sentence exists. See generally Thomas v. State, 633 So.2d 1122 (Fla. 5th DCA), review denied, 640 So.2d 1109 (Fla.1994).

¶5AFFIRMED; REMANDED FOR RE-SENTENCING.

STONE and FARMER, JJ., concur.
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