JAMES LYONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was released from prison under supervision known as “CRD” release, the purpose of which is to keep the state prison population below 97.5% of capacity. While on release, he was charged with dealing in stolen property and pled guilty without a negotiated agreement. The court imposed a sentence which would run “consecutive to any CRD violation and/or any sentence now being served.”
Appellant correctly argues that a sentence cannot be consecutive to an undetermined future sentence. Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981), relying on Wallace v. State, 41 Fla. 547, 26 So. 713 (Fla.1899), in which our supreme court held that in order for a sentence to start to run at the expiration of another sentence, the record must reflect the terms of the other sentence. Because the sentence for CRD violation had not yet been imposed in the present case, this sentence is improper. Reversed.
KLEIN and PARIENTE, JJ., and DEAN, AMY M., Associate Judge, concur.
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Teayoir Scantling v. State, 711 So. 2d 524 (Fla. 1998)…WELLS, Justice. We have for review Scantling v. State, 704 So. 2d 565 (Fla. 1st DCA 1997) (en banc), which expressly and directly conflicts with the opinion in Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the First District Court of Appeal in Scantling and disapprove Lyons. Scantling was sentenced to seven years in prison for an attempted armed robbe…1 / 2
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Currelly v. State, 678 So. 2d 453 (Fla. 1st DCA 1996)…ceived for violation of controlled release in 90-4107-CF,” which purports to require his sentence to be consecutive to an undetermined future sentence. Imposition of a sentence consecutive to an undetermined future sentence is error. Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996) (holding that a sentence cannot be imposed consecutive to an undetermined future sentence). We affirm in all other respects. MINER, WEBSTER and LAWRENCE, JJ., concur.…
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Teayoir Scantling v. State, 704 So. 2d 565 (Fla. 1st DCA 1997)…tence would be consecutive to any sentence received for violation of control release, and that this is precluded by Currelly under the theory that the present sentence would be consecutive to an undetermined future sentence. See also Lyons v. State, 672 So. 2d 654 (Fla. 4th DCA 1996). But we disagree with the apparent assumption in Currelly and Lyons that a violation of control release will result in a new and undetermined sentence to be imposed in the future. An inmate on control release has already been sen…
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- Wallace v. State, 26 So. 713 (Fla. 1899)
- Teffeteller v. State, 396 So. 2d 1171 (Fla. 5th DCA 1981)