Smith v. State, 87-0662
| Citation | 515 So.2d 363,12 Fla. L. Weekly 2614 |
| Decision Date | 12 November 1987 |
| Docket Number | No. 87-0662,87-0662 |
| Parties | 12 Fla. L. Weekly 2614 John SMITH, a/k/a Jeffery Dixon, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Marilyn Eisler, Asst. Atty. Gen., West Palm Beach, for appellee.
The sole point meriting discussion is the appellant's contention that the trial court erred in its sentence. The appellant was sentenced to nine years in prison to run consecutively with the sentence that the defendant is presently on parole for and any other pending case. The trial court erred in requiring the sentence to be served consecutively to a sentence which has not yet been imposed on other pending charges. It is improper to commence a sentence after the imposition of a sentence for any future 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, 396 So.2d 1171 (Fla. 5th DCA 1981); Keel v. State, 321 So.2d 86 (Fla. 2d DCA 1975).
Accordingly, we remand with instructions that the trial court strike the portion of the sentence which requires the sentence to run consecutively to expected sentences.
We affirm the judgment and sentence in all other respects.
To continue reading
Request your trial
-
Hummell v. State, 96-2799
...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, 515 So.2d 363 (Fla. 4th DCA 1987); Percival v. State, 506 So.2d 66 (Fla. 2d DCA 1987); Teffeteller, v. State, 396 So.2d 1171 (Fla. 5th DCA 1981); Keel v. Stat......
-
Milton v. State, 94-799
...Sec. 921.16, Fla.Stat. (1993); Johnson v. State, 538 So.2d 553 (Fla. 2d DCA 1989). The appellant misinterprets Smith v. State, 515 So.2d 363 (Fla. 4th DCA 1987). Smith held that a sentence imposed that runs consecutive to a sentence in any other pending case is indefinite and therefore impr......