Awad v. State, 77-486
| Decision Date | 15 November 1978 |
| Docket Number | No. 77-486,77-486 |
| Citation | 364 So.2d 516 |
| Parties | Sieffe Joe AWAD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, Tatjana Ostapoff, Asst. Public Defender, and William H. Larkins, Legal Intern, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.
The appellant was convicted on two counts of unlawful delivery of two controlled substances, hashish and pethidine, in violation of Section 893.13(1) (a), Florida Statutes (1977). The trial court imposed a general sentence of two and one-half years. Under Dorfman v. State, 351 So.2d 954 (Fla.1977), this was error. Separate sentences for each offense must be imposed. Accordingly, this cause is reversed for resentencing at which the appellant need not be present unless required by the trial court.
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Cunningham v. State
...(Tenn.1977); United States v. Davis, 656 F.2d 153 (5th Cir.1981); Murray v. State, 464 So.2d 622 (Fla.Dist.App.1985); Awad v. State, 364 So.2d 516 (Fla.Dist.App.1978); Scott v. State, 358 So.2d 266 (Fla.Dist.App.1978). The Wisconsin and Tennessee courts based their holdings largely upon the......
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Brazley v. State, 3D03-2644.
...a distinct and individual sentence for each felony conviction.2 Brazley does not need to be present at resentencing. Awad v. State, 364 So.2d 516 (Fla. 4th DCA 1978)(at resentencing necessitated by the trial court's error in imposing a general sentence, it is not necessary that the defendan......
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Durbrow v. State, 2D08-806.
...hearing that is intended to correct a general sentence. See Brazley v. State, 871 So.2d 986, 987 (Fla. 3d DCA 2004); Awad v. State, 364 So.2d 516, 516 (Fla. 4th DCA 1978). Nevertheless, in light of the unusual circumstances arising in this case, we require that Mr. Durbrow shall be entitled......
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Kissel v. State, 5D00-108.
...but we reverse and remand with directions to re-sentence defendant. The defendant does not need to be present. See Awad v. State, 364 So.2d 516 (Fla. 4th DCA 1978) (at re-sentencing necessitated by trial court's error in imposing a general sentence following conviction of two offenses, it i......