RANDALL BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant, who was only eligible for a non-state prison sentence, was simultaneously sentenced to county jail terms for various felony and misdemeanor offenses. He argues that his cumulative sentences exceed the one-year limitation set forth in section 922.051, Florida Statutes (1995). We conclude that appellant’s cumulative county jail sentences exceed the one-year limitation established by section 922.051. The sentences are therefore vacated and this case is remanded for resentencing in accordance with the statute. See Singleton v. State, 554 So. 2d 1162 (Fla.1990); Bachman v. State, 21 Fla. L. Weekly D653 — So. 2d- [1996 WL 108426] (Fla. 1st DCA Mar. 13, 1996).
BOOTH, JOANOS and BENTON, JJ., concur.
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Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)…tate also argues that Gonzales is estopped to raise these arguments because he took advantage of his invalid sentence by waiting to challenge it until he violated probation. Stroble v. State, 689 So. 2d 1089, 1090 (Fla. 5th DCA 1997); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996)(original sentence improper but not reversible because defendant already received the benefits of the improper sentence). Thus he should be deemed to have waived this claim since he enjoyed the benefits of his bargain. See Du…
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State v. Ortiz, 79 So. 3d 177 (Fla. 3d DCA 2012)…ty of the sentence); Dupree v. State, 708 So. 2d 968, 971-72 (Fla. 1st DCA 1998) [*179] (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996) (“[Although his original suspended sentence may have been improper ..., it is not reversible on this appeal because Appellant has already received the benefits of the improper sentence.”); Gaskins v. State. 607 So. 2d 475, 4…
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White v. State, 828 So. 2d 491 (Fla. 1st DCA 2002)…as through placement on probation, conditional release, or a suspended sentence, that defendant will be estopped from challenging his sentence when such release is revoked. See Dupree v. State, 708 So. 2d 968, 968 (Fla. 1st DCA 1998); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996); Gaskins v. State, 607 So. 2d 475, 476 (Fla. 1st DCA 1992) disapproved on other grounds by State v. Powell 703 So. 2d 444, 446 n. 3 (Fla.1997); Bashlor v. State, 586 So. 2d 488, 489 (Fla. 1st DCA 1991). However, when a defen…
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- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)