ROBERT ALLEN TEFFETELLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence conditioned on serving future undetermined sentences is improper.
Appellant was convicted of aggravated assault and sentenced to five years. The sentence was to run consecutively with any additional sentences the app…
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FRANK D. UPCHURCH, Jr., Judge.
This is an appeal from a judgment and sentence for aggravated assault. Appellant raises as error the imposition of a sentence to run consecutively with undetermined future sentences. The judgment and sentence stated: “a term of five (5) years less 225 days heretofore served in the Volusia County Jail, to run consecutively with any additional sentences you are or will be serving.”
Section 921.16, Florida Statutes (1979), provides that sentences of imprisonment for offenses not charged in the same indictment, information or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently. See also Benyard v. Wainwright, 322 So. 2d 473 (Fla.1975). Here, only one offense was charged in the information and if appellant is presently serving a sentence for another offense, the sentence involved must be served consecutively. Therefore, the language setting the condition that the five year term is “to run consecutively with any additional sentences you are . .. serving” can be treated as mere surplusage. Perkins v. Mayo, 92 So. 2d 641 (Fla.1957); Rice v. State, 243 So. 2d 226 (Fla. 4th DCA 1971).
The trial court was apparently aware of other charges pending against appellant and intended that this five year term commence after the sentences for the other crimes were served. However, as worded, this sentence could commence after the imposition of a sentence for any future unrelated crime. This indefinite commencement of the five year sentence is improper. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Keel v. State, 321 So. 2d 87 (Fla.2d DCA 1975).
The judgment of conviction is AFFIRMED, the sentence REVERSED and this cause is REMANDED for correction of the sentence.
DAUKSCH, C. J., and COWART, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Percival v. State, 506 So. 2d 66 (Fla. 2d DCA 1987)…l court must commence on a definite date, Keel v. State, 321 So. 2d 86 (Fla. 2d DCA 1975), and may only be required to be served consecutively to an existing sentence. See Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983); Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981). In this case, the trial court did not know when, if ever, the Pinellas County sentence would be imposed or what length the sentence would be. Under these circumstances, the trial court erroneously ordered appellant’s sentences…
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Quinnie Newman v. State, 409 So. 2d 514 (Fla. 5th DCA 1982)…that the sentence “be served consecutively with any other sentence imposed by any other court.” Construing this language as referring only to a sentence already imposed at the time the court entered its judgment, we AFFIRM. See Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981). AFFIRMED. DAUKSCH, C. J., and COWART, J., concur.…
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McCALL v. State, 475 So. 2d 1364 (Fla. 2d DCA 1985)…e agree that the sentence was improperly indefinite because it was vague and uncertain as to when it commenced relative to “any additional sentence” in North Carolina. See Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983); Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981); Keel v. State, 321 So. 2d 86 (Fla. 2d DCA 1975). However, the record reflects that defendant began serving his Florida sentence after he served all of his sentences in North Carolina. Thus, the issue has become moot, and no purp…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wallace v. State, 26 So. 713 (Fla. 1899)
- Benyard v. Louie L. Wainwright, 322 So. 2d 473 (Fla. 1975)
- Perkins v. Mayo, 92 So. 2d 641 (Fla. 1957)
- Faircloth v. Faircloth, 321 So. 2d 87 (Fla. 1st DCA 1975)
- Rice v. State, 243 So. 2d 226 (Fla. 4th DCA 1971)