MATTHEW GILBERT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MATTHEW GILBERT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
661 So. 2d 960
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, Matthew Gilbert, correctly contends that the trial court erred in sentencing him to consecutive terms of incarceration in the county jail exceeding one year for felony crimes committed in 1993. Where a defendant is sentenced for felony charges only and is not already serving county jail time on another ease, incarceration in the county jail may not exceed one year. § 922.051, Fla. Stat. (1993); Singleton v. State, 554 So. 2d 1162 (Fla.1990). Accordingly, the sentence imposed must be reversed and the cause remanded for resentencing pursuant to Florida Rule of Criminal Procedure 3.988.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Meadows v. State, 671 So. 2d 279 (Fla. 3d DCA 1996)…tence that the defendant, correctly, contends is error. ‘Where a defendant is sentenced for felony charges only and is not already serving county jail time on another case, incarceration in the county jail may not exceed one year.” Gilbert v. State, 661 So. 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. 2…
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Hayes v. State, 669 So. 2d 1170 (Fla. 1st DCA 1996)…disposing of sentencing in all pending felony cases. The appellee concedes error under Singleton v. State, 554 So. 2d 1162 (Fla.1990). Accordingly, we reverse and remand for imposition of concurrent sentences. § 922.051, Fla.Stat.; Gilbert v. State, 661 So. 2d 960 (Fla. 3d DCA 1995) (where a defendant is sentenced for felony charges only and is not already serving county jail time on another ease, incarceration in the county jail may not exceed one year). REVERSING and REMANDING sentence, with instructions.…
Authorities Cited
- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)