Lyons v. State, No. 95-2627

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; KLEIN and PARIENTE, JJ., and DEAN, AMY M.
Citation672 So.2d 654
Parties21 Fla. L. Weekly D1045 James LYONS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 95-2627
Decision Date01 May 1996

Page 654

672 So.2d 654
21 Fla. L. Weekly D1045
James LYONS, Appellant,
v.
STATE of Florida, Appellee.
No. 95-2627.
District Court of Appeal of Florida,
Fourth District.
May 1, 1996.

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.

PER CURIAM.

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), relying on 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.

KLEIN and PARIENTE, JJ., and DEAN, AMY M., Associate Judge, concur.

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9 practice notes
  • Spear v. State, Case No. 5D19-1747
    • United States
    • Court of Appeal of Florida (US)
    • 17 Abril 2020
    ...("Florida has long recognized a court's inherent power to correct clerical errors such as calculation of jail credit."); Luke v. State , 672 So. 2d 654, 655 (Fla. 4th DCA 1996) ("[T]he court's recitation of the number of days’ credit for time served is merely a ministerial act requiring no ......
  • Hummell v. State, No. 96-2799
    • United States
    • Court of Appeal of Florida (US)
    • 9 Mayo 1997
    ...after the imposition of a sentence for a future, unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996); Jarrett v. State, 665 So.2d 331 (Fla. 5th DCA 1995); Marino v. State, 635 So.2d 1068 (Fla. 5th DCA 1994); Smith v. State, 51......
  • Wells v. Sec'y, Dep't of Corr., No. 18-12957
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 26 Abril 2019
    ...has long recognized a court's inherent power to correct clerical errors such as calculation of jailPage 5 credit."); Luke v. State, 672 So. 2d 654, 655 (Fla. Dist. Ct. App. 1996) ("[T]he court's recitation of the number of days' credit for time served is merely a ministerial act . . . ."); ......
  • Miller v. Sec'y, Dep't of Corr., Case No. 8:20-cv-1130-T-60AEP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 20 Noviembre 2020
    ...("Florida has long recognized a court's inherent power to correct clerical errors such as calculation of jail credit."); Luke v. State, 672 So. 2d 654, 655 (Fla. 4th DCA 1996) ("[T]he court's recitation of the number of days' credit for time served is merely a ministerial act requiring no p......
  • Request a trial to view additional results
9 cases
  • Spear v. State, Case No. 5D19-1747
    • United States
    • Court of Appeal of Florida (US)
    • 17 Abril 2020
    ...("Florida has long recognized a court's inherent power to correct clerical errors such as calculation of jail credit."); Luke v. State , 672 So. 2d 654, 655 (Fla. 4th DCA 1996) ("[T]he court's recitation of the number of days’ credit for time served is merely a ministerial act requiring no ......
  • Hummell v. State, No. 96-2799
    • United States
    • Court of Appeal of Florida (US)
    • 9 Mayo 1997
    ...after the imposition of a sentence for a future, unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Lyons v. State, 672 So.2d 654 (Fla. 4th DCA 1996); Jarrett v. State, 665 So.2d 331 (Fla. 5th DCA 1995); Marino v. State, 635 So.2d 1068 (Fla. 5th DCA 1994); Smith v. State, 51......
  • Wells v. Sec'y, Dep't of Corr., No. 18-12957
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 26 Abril 2019
    ...has long recognized a court's inherent power to correct clerical errors such as calculation of jailPage 5 credit."); Luke v. State, 672 So. 2d 654, 655 (Fla. Dist. Ct. App. 1996) ("[T]he court's recitation of the number of days' credit for time served is merely a ministerial act . . . ."); ......
  • Miller v. Sec'y, Dep't of Corr., Case No. 8:20-cv-1130-T-60AEP
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 20 Noviembre 2020
    ...("Florida has long recognized a court's inherent power to correct clerical errors such as calculation of jail credit."); Luke v. State, 672 So. 2d 654, 655 (Fla. 4th DCA 1996) ("[T]he court's recitation of the number of days' credit for time served is merely a ministerial act requiring no p......
  • Request a trial to view additional results

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