JORGE SANTIAGO MANCEBO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Consecutive one-year sentences for separate misdemeanor convictions are permissible, even if the total exceeds one year.
[1] Consecutive sentences for separate misdemeanor convictions are permissible, even if the total term exceeds one year.
[2] Statutes and case law limiting county jail sentences to one year generally apply to felony convictions, not misdemeanors.
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to three separate first-degree misdemeanors and received consecutive one-year sentences for each. He appealed, arguing the to…
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PER CURIAM.
Appellant was charged in a three count information with having committed three separate crimes against three different persons. In count one he was charged with intent to commit involuntary sexual battery. Count two charged assault and battery and count three charged aggravated battery.
Appellant entered a negotiated plea of not guilty to a reduced charge of assault and battery on three separate counts. The court adjudicated him guilty on each of the three counts and sentenced him to serve one year in the Dade County Jail on each count, each sentence to run consecutively for a total of three years.
The point on appeal is whether the appellant was properly sentenced to serve three consecutive sentences of one year each in the county jail following the entry of pleas of-guilty to three separate first degree misdemeanors. Appellant contends that the sentences were in excess of the maximum authorized by law, in that the maximum possible sentence in the county jail is one year. Appellant argues that Section 922.051 Florida Statutes (1975) and the cases of Dade County v. Baker, 265 So. 2d 700 (Fla. 1972) and Smith v. State, 311 So. 2d 775 (Fla.3d DCA 1975) are authority for his position. We cannot agree, therefore we must affirm the sentences.
The statute and cases relied upon apply to felony convictions and are not controlling in the instant case. Here we have three separate consecutive sentences of one year imposed for three separate misdemeanors which are authorized and in accordance with Section 775.082(4)(a) Florida Statutes (1975). If we said anything in Smith v. State, supra, which indicated that separate sentences for separate misdemeanor convictions could not be for a greater maximum period than one year in the county jail, we hereby recede from such position.
For the reasons stated and upon the authorities cited, we affirm the three consecutive one year sentences to be served in the county jail which were imposed by the court pursuant to the three separate misdemean-or convictions.
Affirmed.
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Armstrong v. State, 656 So. 2d 455 (Fla. 1995)…rs, as opposed to felonies, are permitted. Carson v. State, 635 So. 2d 1007 (Fla. 5th DCA 1994); Gwynn v. Orange County Bd. of County Comm’rs, 527 So. 2d 866 (Fla. 5th DCA 1988); Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987); Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976). We acknowledge that under this interpretation it is possible that a person convicted of two felonies could be sentenced to only one year in county jail, depending upon the sentencing guidelines, whereas a person committing two m…
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Kline v. State, 509 So. 2d 1178 (Fla. 1st DCA 1987)…eanor, while both sentences in [*1181] Cigelski were for felony convictions, is an immaterial difference between that case and this one. Smith v. State, 311 So. 2d 775 (Fla. 3d DCA 1975), cert. denied, 327 So. 2d 35 (Fla.1976); cf, Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976).1 The supreme court decision in Dade County v. Baker, 265 So. 2d 700 (Fla.1972), which adopted the dissent by Judge Carroll in Dade County v. Baker, 258 So. 2d 511, 512-14 (Fla. 3d DCA 1972), supports, rather than contradicts, th…1 / 2
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Amrein v. State, 504 So. 2d 783 (Fla. 1st DCA 1987)…re a statute expressly directs that imprisonment be in a state prison. In Dade County v. Baker, 265 So. 2d 700 (Fla.1972), the Florida Supreme Court found that section 922.051 applies only to felonies. Following Baker, the court in Mancebo v. State, 338 So. 2d 268 (Fla. 3d DCA 1976), affirmed three consecutive one year sentences in the county jail for three misdemeanor convictions, finding that section 922.051 does not apply to consecutive misdemeanor sentences. On the authority of Baker and Mancebo, we find…
Previewing 3 of 5 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, 265 So. 2d 700 (Fla. 1972)
- Estrella Louise Smith v. State, 311 So. 2d 775 (Fla. 3d DCA 1975)