JAMES ARMSTRONG, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that defendants convicted of multiple misdemeanors may be sentenced to consecutive county jail terms exceeding one year, contrary to a conflicting Fourth District Court of Appeal decision. The Court clarified that the one-year county jail limitation in section 922.051 applies only to felonies under the sentencing guidelines, not to misdemeanors.
The Court held that consecutive county jail sentences exceeding one year are permissible for misdemeanor convictions because section 922.051's one-year limitation applies only to felonies where statutory authority exists for state prison incarceration. The sentencing guidelines, which reference the one-year limitation, do not apply to misdemeanors.
[1] Consecutive county jail sentences exceeding one year are permissible for multiple misdemeanor convictions.
[2] The one-year county jail limitation for cumulative sentences under section 922.051, Florida Statutes, applies to sentences imposed under the sentencing guidelines at the…
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Join FLexlaw to unlock all legal intelligence“When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than 1 year.”
Establishes the statutory language of section 922.051 limiting county jail sentences to one year when state prison is otherwise authorized
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Join FLexlaw to unlock all legal intelligenceJames Armstrong was placed on probation for two first-degree misdemeanors. He subsequently pleaded no contest to violating probation and received cons…
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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 multiple misdemeanors. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
James Armstrong was placed on probation for committing two first-degree misdemeanors. Thereafter, Armstrong pled no contest to violating his probation and received consecutive one-year county jail terms for each misdemeanor. Armstrong filed a motion under Florida Rule of Criminal Procedure 3.800(a), contending that his sentences were illegal. The trial court denied the motion. On appeal Armstrong argued, relying on McGauley, that his two consecutive one-year county jail sentences were illegal. However, the district court of appeal affirmed Armstrong’s sentence. The court concluded that McGauley had misapplied this Court’s decision in Singleton v. State, 554 So. 2d 1162 (Fla.1990).
In Singleton, this Court considered the issue of “whether the recommended [sentencing] guidelines range of ‘any nonstate prison sanction’ ... permits imprisonment in county jail when the cumulative effect of successive sentences exceeds one year.” Singleton, 554 So. 2d at 1162-63. In reconciling the sentencing guidelines and section 922.051, Florida Statutes (1987), this Court concluded that the one-year county jail limitation of section 922.051 applies to sentences imposed under the guidelines at the same sentencing hearing. Id. at 1164. Section 922.051 provides: “When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year.” § 922.051, Florida Statutes (1987) (emphasis added).
Unlike the crimes under consideration in Singleton, Armstrong was convicted of two misdemeanors. There is no statutory authority for incarcerating misdemeanants in state prison. By its plain language, section 922.051 does not apply to misdemeanors. Likewise, the sentencing guidelines do not apply to misdemeanors. Singleton, 554 So. 2d at 1164 n. 2. Consequently, Singleton is not dispositive of the 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 interpretation it is possible that a person convicted of two felonies could be sentenced to only one year in county jail, depending upon the sentencing guidelines, whereas a person committing two misdemeanors may receive consecutive one-year terms. However, we find that it is properly within the purview of the legis lature to weigh the various policy considerations and determine whether defendants should be sentenced to more than a year in county jail if convicted of multiple misdemeanors.
For the foregoing reasons, we approve the decision of the district court of appeal in this case and disapprove McGauley v. State, 632 So. 2d 1154 (Fla. 4th DCA 1994).
It is so ordered.
OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . In fairness to the McGauley court, the State had conceded error in that case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Nacale Fudge v. State, 791 So. 2d 1186 (Fla. 5th DCA 2001)…ury points. We disagree and affirm. Fudge is correct that the sentencing guidelines apply only to felonies, that is, misdemeanors cannot be scored as primary offenses at conviction. State v. Troutman, 685 So. 2d 1290 (Fla.1996); Armstrong v. State, 656 So. 2d 455 (Fla.1995); Bordeaux v. State, 471 So. 2d 1353 (Fla. 1st DCA 1985). We also acknowledge that the introductory language in section 921.0021 tends to support Fudge’s argument that additional offenses must be felonies: 921.0021 Definitions. — -As used…
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Locke v. State, 656 So. 2d 571 (Fla. 5th DCA 1995)…ny and one for a misdemeanor, the sentences are illegal pursuant to Singleton. However, had both been misdemeanors then the sentences would have been legal. Obviously, this is logically indefensible and unjust, as is mentioned in Armstrong v. State, 656 So. 2d 455 (Fla.1995). Is it fair for one convicted of two misdemeanors to be subject to a greater penalty than one convicted of a felony and a misdemeanor? No. We certify the following question to the supreme court as one of great public importance: CAN ARMS…
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State v. Bennie Troutman, 685 So. 2d 1290 (Fla. 1996)…GRIMES, Justice. We review Troutman v. State, 668 So. 2d 340 (Fla. 5th DCA 1996), in which the court certified the following question as one of great públic importance: CAN ARMSTRONG [v. STATE, 656 So. 2d 455 (Fla.1995),] BE APPLIED TO A CASE IN WHICH A DEFENDANT IS CONVICTED OF A FELONY AND MISDEMEANOR? Id. at 341. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Troutman was convicted of one felony and two misdemeano…1 / 2
Previewing 3 of 13 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)
- Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976)
- Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987)
- Painewebber Inc. v. Hall, 632 So. 2d 1154 (Fla. 4th DCA 1994)
- Gwynn v. Orange Cnty. Bd. OF Cnty. Comm'rs, 527 So. 2d 866 (Fla. 5th DCA 1988)
- Armstrong v. State, 640 So. 2d 1250 (Fla. 5th DCA 1994)
- Rodriguez v. State, 635 So. 2d 1007 (Fla. 3d DCA 1994)
- Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994)