JOHN SMITH, A/K/A JEFFERY DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*364] PER CURIAM.
The sole point meriting discussion is the appellant’s contention that the trial court erred in its sentence. The appellant was sentenced to nine years in prison to run consecutively with the sentence that the defendant is presently on parole for and any other pending case. The trial court erred in requiring the sentence to be served consecutively to a sentence which has not yet been imposed on other pending charges. It is improper to commence a sentence after the imposition of a sentence for any future unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Percival v. State, 506 So. 2d 66 (Fla. 2d DCA 1987); McCall v. State, 475 So. 2d 1364 (Fla. 2d DCA 1985), appeal dismissed, 486 So. 2d 596 (Fla.1986); 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).
Accordingly, we remand with instructions that the trial court strike the portion of the sentence which requires the sentence to run consecutively to expected sentences.
We affirm the judgment and sentence in all other respects.
ANSTEAD and GUNTHER, JJ., and OWEN, WILLIAM C., JR., Associate Judge (Retired), concur.
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Hummell v. State, 693 So. 2d 113 (Fla. 5th DCA 1997)…uture, unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996); Jarrett v. State, 665 So. 2d 331 (Fla. 5th DCA 1995); Marino v. State, 635 So. 2d 1068 (Fla. 5th DCA 1994); Smith v. State, 515 So. 2d 363 (Fla. 4th DCA 1987); Percival v. State, 506 So. 2d 66 (Fla. 2d DCA 1987); Teffeteller, v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981); Keel v. State, 321 So. 2d 86 (Fla. 2d DCA 1975). Accordingly, we strike that language from Hummell’s sentence. AFF…
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French Milton v. State, 637 So. 2d 77 (Fla. 5th DCA 1994)…PER CURIAM. AFFIRMED. § 921.16, Fla.Stat. (1993); Johnson v. State, 538 So. 2d 553 (Fla. 2d DCA 1989). The appellant misinterprets Smith v. State, 515 So. 2d 363 (Fla. 4th DCA 1987). Smith held that a sentence imposed that runs consecutive to a sentence in any other pending case is indefinite and therefore improper. The court stated that a sentence must commence on a definite date, albeit after another defin…
Authorities Cited
- Wallace v. State, 26 So. 713 (Fla. 1899)
- Ellis Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983)
- Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981)
- Percival v. State, 506 So. 2d 66 (Fla. 2d DCA 1987)
- Kubalski v. Seaboard Coast Line R.R. Co., 321 So. 2d 86 (Fla. 4th DCA 1975)
- Keel v. State, 321 So. 2d 86 (Fla. 2d DCA 1975)
- McCALL v. State, 475 So. 2d 1364 (Fla. 2d DCA 1985)