ANDREW LEO BUSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANDREW LEO BUSH, APPELLANT,
STATE OF FLORIDA, APPELLEE
319 So. 2d 126
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 2 cases
Opinion of the Court
HOBSON, Acting Chief Judge.
Appellant pled guilty to the escape from lawful custody. Pursuant to a plea bargain he was sentenced to ten years imprisonment with the provision that if the original charges for which he was in custody were set aside on appeal and he was not tried or sentenced again, the sentence would be only four years.
Appellant argues that this sentence is improper. We agree. As stated by the Supreme Court:
“[I]t is of great importance to the prisoner that the sentence should be definite and certain, so as to advise him and the officer charged with its execution of the time of its commencement and termination, without' being required to inspect the records of another court or the record of another case.” Wallace v. State, Fla.1899, 41 Fla. 547, 26 So. 713, at page 725. The case is remanded to the trial court for entry of a corrective sentence.
The judgment is affirmed and the cause is remanded with directions.
BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keel v. State, 321 So. 2d 86 (Fla. 2d DCA 1975)…ied and convicted of another crime in Georgia, the commencement of the robbery sentence would be delayed. This indefinite commencement of the sentence is improper. Wallace v. State, Fla. 1899, 41 Fla. 547, 26 So. 713; Bush v. State, Fla.App.2d 1975, 319 So. 2d 126; Dyer v. State, Fla.App.3d 1974, 296 So. 2d 524. We have considered appellant’s other point on appeal and find it to be without merit. The judgment is affirmed and the case remanded to the trial court for entry of a corrective sentence. HOBSON, A…
Authorities Cited
- Wallace v. State, 26 So. 713 (Fla. 1899)