CARLOS E. MARINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS E. MARINO, APPELLANT,
STATE OF FLORIDA, APPELLEE
635 So. 2d 1068
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 6 cases
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Opinion of the Court
PER CURIAM.
Carlos E. Marino complains and we agree that the trial court imposed an improper sentence after a violation of probation. The trial court stated:
This sentence is to run consecutive to any other sentence that you are serving now or may be serving in the future. It is the intent of this sentence that no court shall run their sentence concurrent with this sentence when it shall be consecutive.
The requirement that the sentence imposed is to be served consecutively to any future sentence is improper and the state concedes that issue. Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981).
The requirement that Marino’s sentence be served consecutively to any future sentence is stricken, but his sentence is affirmed in all other respects.
SENTENCE STRICKEN IN PART; AFFIRMED IN PART.
PETERSON, DIAMANTIS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jarrett v. State, 665 So. 2d 331 (Fla. 5th DCA 1995)…ave been conducted pursuant to rule 3.840. [*333] In closing, we note that Jarrett’s sentence for contempt is illegal because it is error to direct that a sentence commence at the conclusion of a future sentence yet to be announced. Marino v. State, 635 So. 2d 1068 (Fla. 5th DCA 1994); Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981). REVERSED. DAUKSCH and HARRIS, JJ., concur.…
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Hummell v. State, 693 So. 2d 113 (Fla. 5th DCA 1997)…a sentence after the imposition of a sentence for a future, 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, w…
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Ward v. State, 908 So. 2d 1138 (Fla. 3d DCA 2005)…sons, we remand this matter to the trial court to enter an appropriate judgment pursuant to Rule 3.830 and to strike that portion of Ward’s sentence that requires his contempt sentence be served consecutively to any future sentence. Marino v. State, 635 So. 2d 1068 (Fla. 5th DCA 1994). In doing so, we express no opinion on the merits of this case. Reversed and remanded.…
Authorities Cited
- Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981)