Florida District Courts of Appeal, 2001

Tolbert v. State

Tolbert v. State
Florida District Courts of Appeal · Decided August 22, 2001 · Polen, Stevenson, Taylor
792 So. 2d 637; 2001 Fla. App. LEXIS 11871; 2001 WL 948314 (Southern Reporter, Second Series)

Tolbert v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s judgment of conviction on Count I, sexual activity with a child, and Count II, lewd assault. However, we reverse appellant’s sixteen-year aggregate sentence on both counts because, as the state concedes, it is an improper general sentence. See Parks v. State, 765 So.2d 35 (Fla. 2000); Carter v. State, 689 So.2d 455 (Fla. 5th DCA 1997); Cruz v. State, 674 So.2d 802 (Fla. 3d DCA 1996). Additionally, the sixteen-year sentence on Count II unlawfully exceeds the statutory maximum of fifteen years for that offense and is greater than the lowest permissible sentence on appellant’s sentencing guidelines scoresheet. '§§ 800.04, 775.082(3)(c), 921.0024(2), Fla. Stat. (2000).

REVERSED and REMANDED for further proceedings.

POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.