Benefield v. State
Benefield v. State
Opinion of the Court
After jury trial appellant was found guilty on two counts of bribery, one count in violation of Section 838.01, Florida Statutes (1973), and the other count in violation of Section 838.015, Florida Statutes (1975), both of which are third-degree felonies. He was sentenced to a ten-year term of imprisonment with credit for time served in jail awaiting trial.
The points relied upon by appellant for reversal have been carefully considered in the light of the record and briefs, and we hold no reversible error has been made to appear. It is necessary, however, for the case to be remanded to the trial court for correction of appellant’s sentence. It is apparent from our reading of the colloquy at the sentencing hearing that the trial court intended to impose the maximum sentence available, i. e., five-year consecutive sentences on the charged offenses
Therefore, the convictions are affirmed, but the general sentence is vacated. The case is remanded for resentencing in order that the judgment and sentence may reflect the imposition of sentence announced by the trial court in open court. It is not necessary that appellant be present in court for this purpose.
. Sec. 775.082(3)(d), Fla.Stat. (1975) provides that the maximum prison sentence for a third degree felony is five years.
Reference
- Full Case Name
- J. C. BENEFIELD v. STATE of Florida
- Cited By
- 1 case
- Status
- Published