DEBRA HAYES, A/K/A DEBORAH ATMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed consecutive jail sentences imposed at a single hearing, holding that county jail sentences for felony charges cannot exceed one year total when no prior county jail sentence is being served.
When a defendant is sentenced for felony charges only and is not already serving county jail time on another case, incarceration in county jail may not exceed one year.
[1] When a defendant is sentenced for felony charges only and is not already serving county jail time on another case, the total incarceration in county jail may not exceed o…
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Join FLexlaw to unlock all legal intelligenceHayes pleaded no contest to two counts of felony petit theft and was placed on probation with 364 days jail time in one case and community control in …
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VAN NORTWICK, Judge.
Debra Hayes, also known as Deborah At-more, was charged with two counts of felony petit theft and, upon a plea of no contest, she was adjudicated guilty. In Case No. 95-235 Hayes was placed on probation on condition that she spend 364 days in jail and, in Case No. 95-236, she was placed on community control and probation. During her probationary period, Hayes violated the terms of probation by committing the felony of attempted sale of cocaine (Case No. 95-1453). Hayes appeared for sentencing on all three cases at a single hearing. The sentencing guidelines scoresheet for all three felonies called for a nonstate prison sanction. Her probation was revoked, and the trial court adjudicated her guilty of both felony petit thefts and sentenced her to concurrent terms of 364 days in jail. On the new charge of attempted sale of cocaine, she was adjudicated guilty and sentenced to 364 days in jail, to be served consecutive to the other sentences.
The appellant asserts that the trial court erred by imposing consecutive one-year county jail sentences at the same hearing disposing of sentencing in all pending felony cases. The appellee concedes error under Singleton v. State, 554 So. 2d 1162 (Fla.1990). Accordingly, we reverse and remand for imposition of concurrent sentences. § 922.051, Fla.Stat.; Gilbert v. State, 661 So. 2d 960 (Fla. 3d DCA 1995) (where a defendant is sentenced for felony charges only and is not already serving county jail time on another ease, incarceration in the county jail may not exceed one year).
REVERSING and REMANDING sentence, with instructions.
ERVIN and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Singleton v. State, 554 So. 2d 1162 (Fla. 1990)
- Taylor v. State, 661 So. 2d 960 (Fla. 3d DCA 1995)
- Gilbert v. State, 661 So. 2d 960 (Fla. 3d DCA 1995)