KENNEDY
v.
COMERFORD

Fla. 1st DCA | 2026-07-08
No. 2025-1353
Osterhaus, C.J., Rowe, J., Ray, J., Sjostrom, J.
2026 FL 8410 Florida District Court of Appeal, First District (2026)

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Holding

Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more sentences be served concurrently.


Headnotes

[1] Under Florida Statute § 921.16(1), sentences for offenses not charged in the same indictment, information, or affidavit are presumptively consecutive unless the sentencin…

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Key Quotes

“Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently.”

Statutory basis for affirming consecutive sentencing

Facts & Procedural History

Daniel W. Kennedy was convicted of multiple offenses and received sentences that the trial court imposed consecutively. Kennedy appealed the consecuti…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

DANIEL W. KENNEDY, Appellant,

V.

RICHARD COMERFORD, Secretary, Florida Department of Corrections, Appellee.

No. 1D2025-1353

On appeal from the Circuit Court for Leon County. Jonathan Eric Sjostrom, Judge.

July 8, 2026

PER CURIAM.

AFFIRMED. See § 921.16(1), Fla. Stat. ("Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently.").

OSTERHAUS, C.J., and ROWE and RAY, JJ., concur.


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