CARMELO MONTELEONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court erred in sentencing appellant to two consecutive one-year county jail terms when the sentencing guidelines recommended 'any nonstate prison sanction,' which prohibits successive county jail sentences exceeding one year in aggregate.
A recommended guideline range of 'any nonstate prison sanction' prohibits successive sentences to county jail when the cumulative effect exceeds one year.
[1] A sentencing guideline range of 'any nonstate prison sanction' prohibits the imposition of successive county jail sentences when their cumulative effect exceeds one year.
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to felony and misdemeanor charges in two separate cases and was sentenced to concurrent probation terms. He subsequently viol…
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CAMPBELL, Judge.
Appellant challenges his sentence following the revocation of his probation. We agree that the trial court erred in sentencing appellant to more than one year in county jail since the recommended guideline range for his offense was “any nonstate prison sanction.”
Appellant pleaded guilty to a felony charge and a misdemeanor charge in two separate cases. In both cases, appellant was sentenced to two years’ probation on the felony charges, and one year’s probation on the misdemeanor charges. All counts were to run concurrently. Appellant subsequently admitted to violating his probation, and after a hearing, his probation was revoked. Although the recommended guideline range was “any nonstate prison sanction,” the trial court sentenced appellant to two consecutive terms of one year in county jail followed by one year of probation.
The Florida Supreme Court ruled in Singleton v. State, 554 So. 2d 1162 (Fla.1990), that a recommended guidelines range of “any nonstate prison sanction” prohibits successive sentences to county jail when the cumulative effect exceeds one year if the sentences for various pending offenses are imposed at the same sentencing hearing. Singleton; § 922.051, Fla. Stat. (1995). Due to the fact that appellant’s sentences were to run consecutively; appellant received 728 days in county jail followed by two years’ probation. The state concedes that appellant’s sentence is legally impermissible.
DANAHY, A.C.J., and QUINCE, J., concur.
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Citator
Cited By
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Mills v. State, 740 So. 2d 1214 (Fla. 2d DCA 1999)…gree felonies following his violation of community control. The State concedes and we agree that a person convicted of multiple felonies cannot be sentenced to county jail in excess of one year. See § 922.051, Fla. Stat. (1998); Monteleone v. State, 702 So. 2d 595 (Fla. 2d DCA 1997) (holding that consecutive county jail sentences exceeding one year are legally impermissible). This appeal is properly before this court. See Bain v. State, 730 So. 2d 296 (Fla. 2d DCA 1999). Accordingly, we reverse the sentence…
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Bradley v. State, 779 So. 2d 377 (Fla. 2d DCA 2000)…ction, and the cumulative effect of his sentence exceeded one year. Since Bradley’s sentences meet all of the criteria set out in Singleton, his sentences must be reversed. See Mills v. State, 740 So. 2d 1214 (Fla. 2d DCA 1999); Monteleone v. State, 702 So. 2d 595 (Fla. 2d DCA 1997). We also note that while we have a written order revoking Bradley’s community control as to cases 96-2131 and 97-1300 contained in the same order, we do not have a written order revoking his community control for case number 97-2…
Authorities Cited
- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)