WILLIAM LEE BROXTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1984-06-21
No. AV-378
BARFIELD, J., concurs., NIMMONS, J., dissents without opinion.
453 So. 2d 98 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 4 cases
Topics
Illegal Sentence

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Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Broxton appeals an order of probation, contending that the trial court erred in conditioning this order on his serving two consecutive 364-day periods of incarceration in the county jail. We reverse.

Broxton pled guilty to two counts of selling controlled substances. He was adjudged guilty of these two third degree felonies, and as to each count was placed on probation for a term of five years conditioned upon serving 364 days in the county jail. The periods of incarceration were to be served consecutively. The trial court’s order directing that the 364-day periods of incarceration be served consecutively rendered the order illegal under § 922.051, Fla.Stat. (1983) and Dade County v. Baker, 265 So. 2d 700 (Fla.1972). Imprisonment for felonies may not cumulatively exceed one year if the county facilities are used.

Reversed and remanded for resentencing.

BARFIELD, J., concurs.

NIMMONS, J., dissents without opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987)
    …st to my mind. A trial judge may sentence a felon to county jail for a felony or felonies so long as the cumulative time to be served for those felonies does not exceed one year. See Dade County v. Baker, 265 So. 2d 700 (Fla.1972); Broxton v. State, 453 So. 2d 98 (Fla. 1st DCA 1984); Cigelski v. State, 470 So. 2d 46 (Fla. 1st DCA 1985). Here, appellant Kline entered pleas of nolo contendere to one count of misdemean- or child abuse and to a second-degree felony offense of lewd and lascivious assault. The tr…
  • Cigelski v. State, 470 So. 2d 46 (Fla. 1st DCA 1985)
    …in the county jail in excess of 364 days as a condition of probation or as a condition of consecutive terms of probation is illegal. Incarceration for felonies may not cumulatively exceed one year if the county facilities are used. Broxton v. State, 453 So. 2d 98 (Fla. 1st DCA 1984). We would normally vacate the illegal probation order and remand for re-sentencing. However, in this ease Cigelski has already served approximately 20 months of the 24 months incarceration ordered and could possibly serve the en…

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