KENNETH BERNARD MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Kenneth Bernard Mills appeals his consecutive jail sentences for two third-degree 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 sentences. On remand, the trial court shall order the sentences to run concurrently. The trial court shall also enter a written order of revocation of community control that specifies the conditions that were violated. See Lytle v. State, 696 So. 2d 848 (Fla. 2d DCA 1997).
Reversed and remanded with directions.
CAMPBELL, A.C.J., and BLUE and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bradley v. State, 779 So. 2d 377 (Fla. 2d DCA 2000)…ring, his recommended range was for a nonstate prison sanction, 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 o…
Authorities Cited
- Bain v. State, 730 So. 2d 296 (Fla. 2d DCA 1999)
- State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997)
- Lytle v. State, 696 So. 2d 848 (Fla. 2d DCA 1997)
- Carmelo Monteleone v. State, 702 So. 2d 595 (Fla. 2d DCA 1997)