Swain v. State

Calvin Swain appeals sentences he received in seven separate cases after being accorded postconviction relief. Based upon the State’s concession of error, we reverse the sentences in trial court case numbers 94-10608, 95-16854, 97-2544, 97-11112, 97-11118, and 97-20542 and remand for resentencing.

First, as the State concedes, the sentences in case numbers 94-10608 and 95-16854 were initially true split sentences and thus cannot now exceed the suspended portion of the initial sentence. See Poore v. State, 531 So.2d 161, 164 (Fla.1988). Thus, in these cases, Mr. Swain cannot be sentenced in…