OSBORNE BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Of the several points that appellant raises in this appeal, we find merit in only one point concerning appellant’s sentence.
Appellant was convicted of third degree murder with a firearm and of shooting into a vehicle. He was sentenced to fifteen years imprisonment for the first count and to ten years for the second count. It was further ordered that two years of the ten year sentence would run consecutive to the fifteen year sentence and the remainder of the ten year sentence would be concurrent. Appellant contends that this is an illegal sentence because it breaks up the ten year sentence and, thus, deprives him of his right to serve his sentence at one stretch, rather than in bits and pieces. We agree. See Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980).
Accordingly, we affirm the judgments appealed from but reverse the sentences and remand for resentencing in accordance with this opinion.
SCHOONOVER, A.C.J., and HALL and ALTENBERND, JJ., concur.
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Stroman v. State, 837 So. 2d 1070 (Fla. 2d DCA 2003)…ed pursuant to a rule 3.800(a) motion is illegal if it imposes a kind of punishment that no judge under the entire body of sentencing statutes could possibly inflict under any set of factual circumstances. Previously, this court, in Butler v. State, 548 So. 2d 780, 781 (Fla. 2d DCA 1989), held that a prison sentence imposed partly concurrent with and partly consecutive to another prison sentence is illegal since a prisoner has the right to serve a sentence at one stretch, rather than in bits and pieces. In th…
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Gordon v. State, 960 So. 2d 31 (Fla. 4th DCA 2007)…ence. We note that the time Gordon spent in jail from September 29, 2004 to October 5, 2004 was not a sentence that violates the rule that a defendant must serve his sentence in one stretch rather than in bits and pieces. See, e.g., Butler v. State, 548 So. 2d 780 (Fla. 2d DCA 1989); Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980). Rather, after the court found Gordon guilty of criminal contempt, it exercised its discretion under Florida Rule of Criminal Procedure 3.550 to have him taken into custody.…
Authorities Cited
- Rozmestor v. State, 381 So. 2d 324 (Fla. 5th DCA 1980)