McCall v. State, 85-1310
Decision Date | 04 October 1985 |
Docket Number | No. 85-1310,85-1310 |
Citation | 475 So.2d 1364,10 Fla. L. Weekly 2284 |
Parties | 10 Fla. L. Weekly 2284 Ronald Leo McCALL, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
We affirm the denial of defendant's motion for post-conviction relief.
The grounds of the motion were that defendant's sentence was improper because among its terms was the provision that he be incarcerated for twenty-five years "to run consecutively with sentence now serving from North Carolina and consecutively with any additional sentence received from the state of North Carolina." We agree that the sentence was improperly indefinite because it was vague and uncertain as to when it commenced relative to "any additional sentence" in North Carolina. See Richardson v. State, 432 So.2d 750 (Fla. 2d DCA 1983); Teffeteller v. State, 396 So.2d 1171 (Fla. 5th DCA 1981); Keel v. State, 321 So.2d 86 (Fla. 2d DCA 1975). However, the record reflects that defendant began serving his Florida sentence after he served all of his sentences in North Carolina. Thus, the issue has become moot, and no purpose would be served by remanding for entry of a corrected sentence.
Affirmed.
To continue reading
Request your trial-
Buss v. Reichman
...over the order of the sentences, at this point, there is no way to change the order in which they were served. See McCall v. State, 475 So.2d 1364 (Fla. 2d DCA 1985) (concluding defendant's challenge to his indefinite Florida sentence was moot because he completed the sentences from the oth......
-
Smith v. State, 87-0662
...unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Percival v. State, 506 So.2d 66 (Fla. 2d DCA 1987); McCall v. State, 475 So.2d 1364 (Fla. 2d DCA 1985), appeal dismissed, 486 So.2d 596 (Fla.1986); Richardson v. State, 432 So.2d 750 (Fla. 2d DCA 1983); Teffeteller v. State,......
-
Schlosser v. State, 89-00129
...Thus, the sentence was improperly indefinite. See Richardson v. State, 432 So.2d 750, 751 (Fla.2d DCA 1983). See also McCall v. State, 475 So.2d 1364 (Fla.2d DCA 1985). We do not agree with the state's argument that because incarceration as a condition of probation is not a sentence, the tr......
-
McCall v. State
...596 486 So.2d 596 McCall (Ronald Leo) v. State NO. 67,902 Supreme Court of Florida. MAR 06, 1986 Appeal From: 2d DCA 475 So.2d 1364 App. ...