Summary
In McClain v. State, 633 So.2d 1131 (Fla. 3d DCA 1994), and Thompson v. State, 558 So.2d 111 (Fla. 3d DCA 1990), the third district held that a cumulative sentence may exceed the statutory maximum for the most serious offense, provided that the individual sentences for each count do not.
Summary of this case from Jones v. StateOpinion
No. 93-848.
March 15, 1994.
Appeal from the Circuit Court, Dade County, Leonard E. Glick, J.
Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Mark C. Katzef, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.
The defendant appeals from his twenty-two-year concurrent sentences entered upon his convictions on two counts of robbery and one of grand theft. While the twenty-two years was at the top of and thus within the range of the permissible guidelines sentence, the sentence as to each individual count exceeded the statutory maximum, fifteen years for robbery, as a second degree felony, §§ 812.13(2)(c) and 775.082(3)(c), Fla. Stat. (1989), and five years for grand theft, as a third degree felony. §§ 812.014(2)(c)(4) and 775.082(3)(d), Fla. Stat. (1989). In these circumstances, we vacate the sentences actually imposed and remand to permit the trial court to reimpose the twenty-two-year total term of imprisonment by structuring consecutive sentences on each of the three counts which are respectively within the statutory maximum. Thompson v. State, 558 So.2d 111 (Fla. 3d DCA 1990).
Vacated, remanded.