DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, PETITIONER,
v.
HONORABLE PAUL BAKER, JUDGE CRIMINAL COURT OF RECORD, IN AND FOR DADE COUNTY, FLORIDA, STATE OF FLORIDA, AND DONALD LEE BOWMAN, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Sentences served in county jail for separate felony cases cannot cumulatively exceed one year under Fla.Stat. § 922.051.
Defendant received consecutive jail sentences for separate felony cases, totaling over one year, to access drug rehabilitation programs. The District …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Limitations cases and more on FLexlaw
The District Court of Appeal, Third District, has certified that its opinion in this cause, reported at 258 So.2d 511 (3rd D.C.A.Fla.1972), “[Pjasses upon an important question of public interest as to the validity of sentences to be served in the county jail in separate cases which results in a total time to he served of more than one year.” The question is raised within the context of Fla.Stat. § 922.051, F.S.A. The petition for writ of certiorari was granted and we have heard oral arguments. Article V, Section 4(2) Florida Constitution, F.S.A.
Upon consideration, we have determined that the dissent by Judge Carroll, 258 So.2d at 512-514, satisfactorily expresses the view of this Court, both as to the standing of Dade County under the circumstances, and the proper interpretation of the statute in question. We, therefore, adopt the dissent as the response of this Court in this cause.
Beyond this, the following remains to be said. We were told at oral argument that the sentences imposed were bargained for in order that Bowman, the defendant below, might be given the benefit of drug rehabilitation programs offered by the County. Assuming the truth of this assertion, justice requires that Bowman be given the opportunity to withdraw the pleas entered below, if he so chooses. If he continues to plead guilty, or if he ultimately is found guilty, then the trial judge would remain free to alter the manner of sentencing so as to come within Fla.Stat. § 922.051; for example, a one-year sentence on one charge could be' followed by probation on the other charge. In any event, under the statute, imprisonment for the felonies may not cumulatively exceed one year if the County facilities are to be used.
The decision of the District Court is quashed, and the cause is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)…unishable by imprisonment in the State penitentiary, elected to sentence the appellant to the County jail pursuant to the provisions of § 922.051, Fla.Stat.1, F.S.A., which provides for a maximum sentence of one year. Dade County v. Baker, Fla.1972, 265 So. 2d 700 see also J. Carroll’s dissent in Dade County v. Baker, Fla.App.1972, 258 So. 2d 511, 512. Thereupon, the trial court placed the appellant on probation pursuant to the authority of § 948.01(4), Fla.Stat., F.S.A., which reads as follows: tfc jfí Jfc…1 / 2
-
Singleton v. State, 554 So. 2d 1162 (Fla. 1990)…te expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year. Singleton relies upon Dade County v. Baker, 265 So. 2d 700 (Fla.1972), adopting, 258 So. 2d 511, 513-14 (Fla. 3d DCA 1972) (Carroll, J., dissenting), where this Court construed that section as prohibiting the imprisonment in the county jail of a prisoner whose cumulative sentences would result in incarcerat…
-
Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987)…mprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year. It has been held that section 922.051 applies only to felony sentences and is not applicable to misdemeanor sentences. Dade County v. Baker, 265 So. 2d 700 (Fla. 1972); Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987). Moreover, the sentencing guidelines apply only to felonies and are not applicable to sentences for misdemean- or violations. § 921.001(4)(a), Fla.Stat. (1985); Amrein v. State, 504 So…1 / 3
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dade Cnty. v. Honorable Paul Baker, 258 So. 2d 511 (Fla. 3d DCA 1972)