Tolbert v. State

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…