KENNETH CARSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kenneth Carson appeals his sentences on multiple felony convictions for uttering forged instruments and drug possession. The appellate court affirmed the convictions but reversed the sentences, finding the trial court improperly imposed consecutive county jail sentences exceeding one year for felony offenses.
The court held that it was error for the trial court to impose consecutive county jail sentences exceeding one year for felony convictions. While defendants convicted of multiple misdemeanors may receive more than one year in county jail, felony defendants must receive guideline sentences that may include community control or non-state prison sanctions, not extended consecutive county jail terms.
[1] A trial court cannot impose consecutive county jail sentences exceeding one year for felony offenses.
[2] A defendant's sentencing guideline score may be increased one cell for each violation of community control.
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Join FLexlaw to unlock all legal intelligence“It was error for the trial court to sentence Carson to four consecutive years in the Brevard County Jail when the sentences imposed were for felony crimes.”
Establishes the core holding that consecutive county jail sentences exceeding one year are improper for felony convictions.
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Join FLexlaw to unlock all legal intelligenceCarson was charged with uttering a forged instrument, cocaine possession, and cannabis possession in two separate cases, to which he entered no-contes…
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THOMPSON, Judge.
Defendant, Kenneth Carson, appeals his sentences imposed in three separate eases. In lower case number 91-11631-CF-A, Carson was charged with uttering a forged instrument. In lower case number 91-13448-CF-A, he was charged in count I with possession of cocaine and in count II with possession of less than 20 grams of cannabis. He entered pleas of no contest to the charges and was placed on two years community control on each case, to run concurrently. He was assessed court costs and given credit for all time served.
Carson violated his community control by being arrested and charged in a new information with three counts of uttering a forgery in lower case number 92-1973-CF-A. He entered pleas of nolo contendere to the three counts of uttering a forgery and was again placed on community control. His community control was to run concurrently with his previous community control orders. Carson violated the conditions of his community control and entered pleas of no contest to each violation of community control. Pri-or to his sentencing for violating community control, Carson had a bench trial for contempt of court. Carson had been ordered to stay away from Juanita Elizabeth Wolfe as a condition of community control. She testified he had stalked her and threatened her with a knife. The trial judge found him guilty and sentenced Carson to six months in the Brevard County Jail.
At his sentencing, the trial judge revoked Carson’s community control and sentenced Carson to a consecutive sentence of four years in the Brevard County Jail. Carson was sentenced to 365 days in the county jail on each count in each case. All of the felony sentences run consecutively to the six month contempt sentence, except count three of 92-1973-CF-A, which runs concurrently. Carson appeals his four year sentence in the Brevard County Jail on felony charges. We affirm the convictions, but we reverse the sentences.
It was error for the trial court to sentence Carson to four consecutive years in the Brevard County Jail when the sentences imposed were for felony crimes. See Singleton v. State, 554 So. 2d 1162 (Fla.1990); Lu-sink v. State, 576 So. 2d 935 (Fla. 5th DCA 1991) (reversing consecutive county jail sentences exceeding one year which were imposed after the defendant pled nolo conten-dere to two charges of uttering a forgery and remanding for resentencing).
This court recognizes that a defendant can be sentenced to more than one year in the county jail if convicted of multiple misdemeanor offenses. Gwynn v. Orange County Bd. of County Comm’rs, 527 So. 2d 866 (Fla. 5th DCA 1988). Carson, however, was convicted of felonies and not misdemeanors, therefore his four year sentence is improper. The state concedes error as to his sentence. The convictions are affirmed, but the sentences are reversed and the case is remanded for resentencing.
At resentencing, the trial court shall impose a guideline sentence. Pursuant to statute and case law, Carson’s guideline sentence may be increased one cell for each violation of community control. See Fla.R.Crim.P. 8.988(d)(14). Consequently, Carson’s sentencing guideline scoresheet which allowed the trial court to sentence Carson within the recommended range to community control or 20 to 30 months incarceration with a permitted range of any non-state prison sanction or community control or one to three and one-half years incarceration can be increased to a recommended range of two and one-half to three and one-half years with a permitted range of community control or one to four and one-half years incarceration. See State v. Tito, 616 So. 2d 39 (Fla.1993) (citing Williams v. State, 594 So. 2d 273 (Fla.1992)). This sentence shall run consecutive to his contempt sentence.
AFFIRMED in part; REVERSED in part.
DAUKSCH and GRIFFIN, JJ., concur.
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Citator
Cited By
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Armstrong v. State, 656 So. 2d 455 (Fla. 1995)…e issue on appeal and the McGauley court erred in holding otherwise.1 We agree with those decisions which have held that consecutive county jail sentences that exceed one year for misdemeanors, as opposed to felonies, are permitted. Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994); Gwynn v. Orange County Bd. of County Comm’rs, 527 So. 2d 866 (Fla. 5th DCA 1988); Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987); Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976). We acknowledge that under this interpre…
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Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA 1994)…imposed at the same sentencing hearing. In McGauley, however, as in this case, the defendant was being sentenced for two misdemeanors. Since guideline sentencing is inapplicable to misdemeanors, Singleton is irrelevant. We held in Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994), that consecutive jail sentences that exceed one year for misdemeanors, as opposed to felonies, are permitted. We acknowledge conflict with McGauley. AFFIRMED. COBB and DIAMANTIS, 33., concur.…
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Meadows v. State, 671 So. 2d 279 (Fla. 3d DCA 1996)…o. 2d 960, 961 (Fla. 3d DCA 1995) (citing § 922.051, Fla.Stat. (1993) and Singleton v. State, 554 So. 2d 1162 (Fla.1990)); see Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994); Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994); Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994); Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987). Accordingly, the sentence imposed is vacated and the cause remanded for resentenc-ing.…
Authorities Cited
- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)
- State v. Tito, 616 So. 2d 39 (Fla. 1993)
- Gwynn v. Orange Cnty. Bd. OF Cnty. Comm'rs, 527 So. 2d 866 (Fla. 5th DCA 1988)
- Patrick v. State, 576 So. 2d 935 (Fla. 5th DCA 1991)