JAMES ARMSTRONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Consecutive one-year jail sentences for two misdemeanor probation violations are permissible, even if they exceed one year in total.
James Armstrong was placed on probation for two first-degree misdemeanors. After pleading no contest to violating probation, he received consecutive o…
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HARRIS, Chief Judge.
James Armstrong appeals the denial of his Rule 3.800(a) motion to correct an illegal sentence. We affirm.
He has raised only one issue that deserves discussion. Armstrong was originally placed on probation for committing two first-degree misdemeanors. When he subsequently pled no contest to violating his probation, he received consecutive one-year jail sentences for each misdemeanor. He claims that his two-year sentence to the county jail is contrary to the holding in McGauley v. State, 632 So. 2d 1154 (Fla. 4th DCA 1994).
While it is true that McGauley holds that consecutive one-year jail sentences for misdemeanor convictions are not permitted, because we believe that McGauley misapplies Singleton v. State, 554 So. 2d 1162 (Fla.1990), we have elected not to follow it. In Singleton, the issue was whether one could be sentenced to consecutive terms in the county jail exceeding one year on two felony charges under a sentencing guideline scoresheet which recommended “any non-state prison sanction.” The supreme court ruled that such sentences would not be permitted under the guidelines if 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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Citator
Cited By
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Armstrong v. State, 656 So. 2d 455 (Fla. 1995)…GRIMES, Chief Justice. We have for review Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA 1994), which expressly and directly conflicts with McGauley v. State, 632 So. 2d 1154 (Fla. 4th DCA 1994), on the issue of whether a defendant may be sentenced to consecutive terms in county jail exceeding one year if convicted of mult…
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Shedrick McGAULEY v. The Hon. Barry E. Goldstein, 653 So. 2d 1108 (Fla. 4th DCA 1995)…g guideline seoresheet recommendation was “any non-state prison sanction.” In McGauley, the convictions were for separate misdemeanor violations. This trial judge perspicaciously anticipated the decision of the fifth district in Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA), review granted, 650 So. 2d 989 (1994). There that court elected not to follow McGauley and held that, because “guideline sentencing is inapplicable to misdemeanor convictions, Singleton is irrelevant.” 640 So. 2d at 1250. As the Arms…
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Goodloe v. State, 652 So. 2d 981 (Fla. 5th DCA 1995)…rim.P. 3.150(a). Goodloe’s assertion that the trial court erred by sentencing him to consecutive terms in the county jail for the misdemeanor offenses is also without merit. Our decision is controlled by this court’s opinion in Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA 1994), review granted, 650 So. 2d 989 (Fla.1994). As we did in Armstrong, we acknowledge conflict with McGauley v. State, 632 So. 2d 1154 (Fla. 4th DCA 1994). AFFIRMED. DAUKSCH and COBB, JJ„ concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)
- Painewebber Inc. v. Hall, 632 So. 2d 1154 (Fla. 4th DCA 1994)
- Rodriguez v. State, 635 So. 2d 1007 (Fla. 3d DCA 1994)
- Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994)