Lyons v. State
| Decision Date | 01 May 1996 |
| Docket Number | No. 95-2627,95-2627 |
| Citation | 672 So.2d 654 |
| Parties | 21 Fla. L. Weekly D1045 James LYONS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge, L.T. Case No. 95-6904CF10A.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
Appellant was released from prison under supervision known as "CRD" release, the purpose of which is to keep the state prison population below 97.5% of capacity. While on release, he was charged with dealing in stolen property and pled guilty without a negotiated agreement. The court imposed a sentence which would run "consecutive to any CRD violation and/or any sentence now being served."
Appellant correctly argues that a sentence cannot be consecutive to an undetermined future sentence. Teffeteller v. State, 396 So.2d 1171 (Fla. 5th DCA 1981), Wallace v. State, 41 Fla. 547, 26 So. 713 (Fla.1899), in which our supreme court held that in order for a sentence to start to run at the expiration of another sentence, the record must reflect the terms of the other sentence. Because the sentence for CRD violation had not yet been imposed in the present case, this sentence is improper.
Reversed.
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Scantling v. State
...v. State, 704 So.2d 565 (Fla. 1st DCA 1997) (en banc), which expressly and directly conflicts with the opinion in Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the First District Court of Appeal in Scantlin......
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Mincey v. State, 97-3028
...to be consecutive to another yet-to-be imposed sentence for violating conditional release. He relies on our decision in Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996), holding that where a sentence starts to run at the expiration of another sentence, the record must reflect the terms of ......
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Scantling v. State, 96-2035
...Currelly under the theory that the present sentence would be consecutive to an undetermined future sentence. See also Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996). But we disagree with the apparent assumption in Currelly and Lyons that a violation of control release will result in a ne......