CopyCited 66 times | Published | Supreme Court of Florida
...We have jurisdiction. [1] The certified question from the Third District is as follows: "WHERE ONE WHO COULD BE SENTENCED TO IMPRISONMENT IN THE STATE PENITENTIARY FOR A PERIOD OF YEARS IS SENTENCED TO IMPRISONMENT IN THE COUNTY JAIL (FOR A PERIOD AS PERMITTED BY § 922.051 FLA....
...The conditions in the probation order included three months jail time before commencing the probation period. The defendant did not violate his probation but contended the sentence imposed was in excess of the maximum limits because of the provision of Section 922.051, Florida Statutes, which prescribed that a court might impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than one year....
CopyCited 27 times | Published | Florida 3rd District Court of Appeal
...1970,
231 So.2d 872. It is apparent from the record that the trial court, having adjudicated the appellant guilty of a felony punishable by imprisonment in the State penitentiary, elected to sentence the appellant to the County jail pursuant to the provisions of §
922.051, Fla....
...hhold imposition of a portion of the sentence imposed upon the defendant. In the case sub judice, the trial court sentenced the appellant to [and he has served] the maximum sentence permissible by law. Dade County v. Baker, Fla. 1972,
265 So.2d 700; §
922.051, Fla....
...ation appealed herein, are nullities and of no force and effect. Therefore, the order appealed is hereby reversed and the cause remanded to the trial court, with directions to discharge the appellant. Reversed and remanded with directions. NOTES [1] 922.051 Imprisonment in county jail, term one year or less "When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentence...
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1994 WL 375809
...ses); Kline v. State,
509 So.2d 1178, 1180 (Fla. 1st DCA 1987) (sentence imposing two consecutive 364-day county jail terms for commission of felony and misdemeanor, with second jail term being a condition of probation on felony conviction, violated section
922.051 which prohibits imposition of county jail term for felony conviction such that total of prisoner's cumulative county jail terms exceeds one year); Cigelski v. State,
470 So.2d 46, 47 (Fla. 1st DCA 1985) (incarceration for felonies may not cumulatively exceed one year if county facilities are used); Fla. Stat. §
922.051 (1991)....
CopyCited 12 times | Published | Supreme Court of Florida
...1972), "[P]asses upon an important question of public interest as to the validity of sentences to be served in the county jail in separate cases which results in a total time to be served of more than one year." The question is raised within the context of Fla. Stat. § 922.051, F.S.A....
...Assuming the truth of this assertion, justice requires that Bowman be given the opportunity to withdraw the pleas entered below, if he so chooses. If he continues to plead guilty, or if he ultimately is found guilty, then the trial judge would remain free to alter the manner of sentencing so as to come within Fla. Stat. § 922.051; for example, a one-year sentence on one charge could be followed by probation on the other charge....
CopyCited 12 times | Published | Supreme Court of Florida | 1990 WL 888
...y nonstate prison sanction," and that the guidelines superseded statutes that prohibited imprisonment in the county jail for sentences greater than one year. Singleton contends that the requirement that he serve a term greater than one year violated section 922.051, Florida Statutes (1987), because the judgment in the instant case effectively extended the sentence in the previous case to a term of incarceration beyond one year in the county jail....
...The prohibition applied regardless of whether the prisoner was prosecuted under single or multiple charging instruments. However, we note that the defendant in Baker was sentenced for two felony offenses at a sentencing hearing which occurred prior to the adoption of the sentencing guidelines. The state argues that section 922.051 (which limits county jail terms to one year) appears to directly conflict with section 921.0015, Florida Statutes (1987) (which adopts the sentencing guidelines and is silent on the length of county jail terms), and that the former section has been overruled by the latter....
...1986); Villery v. Florida Parole and Probation Comm'n,
396 So.2d 1107, 1111 (Fla. 1980); State ex rel. School Bd. of Martin County v. Department of Educ.,
317 So.2d 68, 73 (Fla. 1975) (citation omitted). We conclude that the sentencing guidelines and section
922.051 can be harmoniously construed and therefore are not in conflict....
...the flexibility to impose any lawful term of probation with or without a period of incarceration as a condition of probation, a county jail term alone or any nonincarcerative disposition. Fla.R.Crim.P. 3.701, committee note (d)(8) (emphasis added). Section
922.051 permits imprisonment in a county jail "if the total of the prisoner's cumulative sentences is not more than 1 year." (Emphasis added.) See also §§
921.187(1)(e),
948.03(7), Fla. Stat. (1987). The guidelines, which were intended to be generally applicable, Whitehead,
498 So.2d at 865, reasonably can be construed to include the more specific mandate of section
922.051 at sentencing....
...th county jail time of 364 days as a condition of probation. However, the county jail time on the felony was to be served consecutively to the misdemeanor sentence. The district court correctly concluded that the consecutive felony sentence violated section 922.051....
...current jail term would cause the sentence to cumulatively exceed one year. Such an interpretation would reward a repeat offender with a sentence which declines in severity with a successive conviction. Thus, we likewise approve the decision below. Section 922.051 is not applicable in this situation where the trial court was sentencing Singleton at a time when he was already serving a sentence for a prior conviction....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1988 WL 34670
...to adjudication and is required to spend an additional 51 weeks. In addition, as in Van Tassel, we would have the anomalous situation that a prisoner sentenced to 364 days in the county jail as a sentence alternative under section
921.187(1)(e) and section
922.051, Florida Statutes (1987) following a felony conviction would receive credit for prior jail time, while a prisoner in the next cell serving an identical term of 364 days as a condition of probation, would not....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...as thereafter duly imposed. The sentence consisted of one year imprisonment in the County Jail, plus two years of probation. The court held that the probationary period of the sentence was void. This decision was based upon an interpretation of F.S. § 922.051 (1971) and F.S....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 147367
...e correctional system...." Section
944.08, Florida Statutes (1993). The legislation concerning the sentencing guidelines distinguishes between state prison sentences and time spent in county jail. See, e.g., section
921.161, Florida Statutes (1993). Section
922.051, Florida Statutes (1993) also recognizes the distinction between state prisons and county jails....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...entry of pleas of guilty to three separate first degree misdemeanors. Appellant contends that the sentences were in excess of the maximum authorized by law, in that the maximum possible sentence in the county jail is one year. Appellant argues that Section 922.051 Florida Statutes (1975) and the cases of Dade County v....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 226573
...The trial judge sentenced Fleming to five years in the DOC for the vehicular homicide conviction, and a consecutive five years on probation with the condition that Fleming serve one year in county jail for the DUI serious bodily injury conviction. Fleming claims that section 922.051 prohibits the imposition of the one year county jail term as a condition or probation....
CopyCited 4 times | Published | Supreme Court of Florida | 1995 WL 298928
...In Singleton, this Court considered the issue of "whether the recommended [sentencing] guidelines range of `any nonstate prison sanction' ... permits imprisonment in county jail when the cumulative effect of successive sentences exceeds one year." Singleton,
554 So.2d at 1162-63. In reconciling the sentencing guidelines and section
922.051, Florida Statutes (1987), this Court concluded that the one-year county jail limitation of section
922.051 applies to sentences imposed under the guidelines at the same sentencing hearing. Id. at 1164. Section
922.051 provides: "When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than 1 year." §
922.051, Florida Statutes (1987) (emphasis added). Unlike the crimes under consideration in Singleton, Armstrong was convicted of two misdemeanors. There is no statutory authority for incarcerating misdemeanants in state prison. By its plain language, section
922.051 does not apply to misdemeanors....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1572
...Gen., Tallahassee, for appellee. ZEHMER, Judge. This cause is before us on appeal from a sentence imposing two consecutive 364-day county jail terms on appellant for commission of a felony and a misdemeanor. Appellant contends that this is an illegal sentence, in violation of section 922.051, Florida Statutes (1985), and impermissibly departs from the sentencing guidelines recommended sentence without a statement of clear and convincing reasons....
...and on the felony conviction to 15 years' probation, with the condition that 364 days of incarceration in the county jail were to be served consecutive to the misdemeanor sentence. Appellant contests the consecutive county jail terms on the basis of section 922.051, Florida Statutes (1985), which he asserts proscribes any county jail term exceeding one year, regardless of whether sentence is withheld on one of the offenses and the term is imposed as a condition of probation....
...mprisonment not exceeding 15 years" in state prison, while his conviction for the first degree misdemeanor charge is punishable "by a definite term of imprisonment not exceeding 1 year" in a county facility. §
775.082(3) and (4), Fla. Stat. (1985). Section
922.051 provides: Imprisonment in county jail, term of 1 year or less. When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than 1 year. It has been held that section
922.051 applies only to felony sentences and is not applicable to misdemeanor sentences....
...no merit to appellant's second point contending that the cumulative incarceration sentence constitutes a departure from the guidelines recommended sentence. We now address appellant's first point contesting the validity of the felony sentence under section 922.051....
...hall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration." §
948.03(5)(b), Fla. Stat. (1985). We conclude, however, that the consecutive felony sentence violates section
922.051 because it extends appellant's jail time beyond one year....
...ntence being served) with no credit for time served as directed by probation officer." The felony sentence is, therefore, necessarily cumulative to the misdemeanor sentence and extends appellant's total jail sentence beyond one year, in violation of section 922.051, Florida Statutes (1985), for the reasons stated in Cigelski v....
...ail to be served consecutively. Judge Carroll's dissent disapproved the consecutive stacking of the two felony sentences in a manner that resulted in a cumulative sentence in county jail which exceeded one year. Discussing the meaning and purpose of section 922.051, he stated: Inspection of § 922.051 shows it is concerned with sentences for felonies, since the offenses it deals with are those for which imprisonment in the state prison is directed by statute. Section 922.051 permits the court, upon conviction of a person for such an offense, to provide for imprisonment of the person in the county jail when the sentence is for a period of not more than one year, but that statute does not permit such a sent...
...ntences would result in his imprisonment thereunder in the county jail for more than a period of one year. In the latter instance the statutory direction for imprisonment for such an offense to be in the state prison, together with the provisions of § 922.051, will require that the second (cumulative) sentence be served in a state prison....
...d as the last available alternative. We do not, therefore, read this dissent, or the supreme court's opinion adopting it, as approving the notion that a felony sentence to be served in county jail consecutive to a misdemeanor sentence is valid under section 922.051, even though the total cumulative sentence exceeds one year. Judge Carroll has construed the provisions of section 922.051 to mean that when the sentence imposed for a felony conviction includes, as a condition of probation, incarceration in the county jail to be served consecutive to another sentence of incarceration in the county jail, the section is vi...
...nd it makes no difference whether the original sentence has been imposed for a misdemeanor or a felony conviction. The dissent raises valid concerns over the lack of meaningful interrelationship and coordination between the sentencing guidelines and section 922.051....
...o, exceeds the recommended guidelines sentence of "any nonstate prison sanction." State v. Mestas,
507 So.2d 587 (Fla. 1987). [2] Certainly there is a manifest need for legislative coordination in this area of the law. However, since the language of section
922.051 is reasonably clear and, in our opinion, not susceptible to a construction that permits tacking on a felony sentence involving incarceration in county jail to a misdemeanor sentence to county jail so as to exceed one year total, the needed legislative coordination and clarification is more properly left to the legislature. We certify to the supreme court the following question of great public importance: DOES THE LIMITATION OF ONE YEAR IN THE COUNTY JAIL CONTAINED IN SECTION
922.051 APPLY TO CUMULATIVE MISDEMEANOR AND FELONY SENTENCES, OR DOES IT APPLY ONLY TO CUMULATIVE FELONY SENTENCES? Appellant's sentence on the felony conviction is VACATED and the cause is REMANDED for resentencing on the felony conviction consistent with this opinion....
...MINER, Jr., Associate Judge, concurring in part and dissenting in part. I agree with the majority finding that the cumulative incarceration imposed in this case does not constitute a departure from the sentencing guidelines recommended sentence. However, I do not agree that the felony sentence imposed violates Section 922.051, Florida Statutes, and from the majority's contrary conclusion, I respectfully dissent. In my view, the majority indulges an unjustifiably broad and unnecessary, albeit arguable, reading of Section 922.051 which provides that sentences of imprisonment for felony convictions may be served in the county jail rather than state prison as long *1183 as the length of imprisonment does not exceed one year. As initially enacted in Section 1 of Chapter 59-72, Laws of Florida, Section 922.051 read: Whenever punishment by imprisonment is prescribed, and said imprisonment is by statute expressly directed to be in a state prison, the court may, in its discretion in all cases where the sentence imposed is for a term of 5 years or less, direct that imprisonment be in a county jail....
...Even a casual reading of the original statute will reveal that it applied only to felony sentences of five years or less. Additionally, it contained no prohibition against the imposition of several felony sentences of five years or less to be served consecutively in a county jail. In 1961, Section 922.051 was amended to provide that from and after January 1, 1963, no felony sentence imposed to be served in a county jail could exceed two years in length. Again, the statute as amended did not prohibit the imposition of several felony sentences of two years or less to be served consecutively in a county jail. Ch. 61-168, § 1, Laws of Fla. Section 922.051 was amended again in 1967 to read: Whenever punishment by imprisonment is prescribed, and said imprisonment is by statute expressly directed to be in a state prison, the court may, in its discretion in all cases where the total senten...
...t may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than one year. Ch. 70-339, § 132, Laws of Fla. Tracing its legislative history seems particularly instructive for purposes of Section 922.051 analysis....
...In 1967, for the first time, the legislature coupled a reduction in the permissible time of sentence for felonies in a county jail to one year with a prohibition against imposition of consecutive felony sentences in a county jail if the cumulative term of those sentences exceeded one year. Reading Section 922.051 in its then and current form in light of the case law interpreting that section, the message to state trial judges is clear, at least to my mind....
...days in the Bay County jail to run consecutively to the misdemeanor incarceration he had only moments before imposed. The majority reasons that the consecutive felony incarceration extended Kline's county jail time beyond one year, thereby violating Section 922.051. As support for this proposition, they cite the pivotal case of Dade County v. Baker, supra , wherein the Supreme Court adopted Judge Carroll's interpretation of Section 922.051....
...e enlightening. In Baker, the trial judge had imposed consecutive felony sentences cumulatively totaling more than one year in the Dade County jail. The case was appealed by Dade County officials to the Third District Court of Appeal as violative of Section 922.051....
...The panel majority never reached the merits of the appeal but instead concluded that county officials had no standing to challenge the sentences. Judge Carroll's dissent rejected the standing argument and proceeded to address the merits of the case. In finding that the sentences imposed violated Section 922.051, it is true that Judge Carroll did not say that "the sentence being served to which the felony sentence was cumulative had, itself, to be a felony sentence." He did not need to....
...He had before him consecutive felony sentences. Had he expressed a view on a matter not before him such expression would have amounted to obiter dictum, pure and simple. In concluding that it applied only to felonies, Judge Carroll said (
258 So.2d at 513): Inspection of §
922.051 shows it is concerned with sentences for felonies... . Section
922.051 permits the court, upon conviction of a person for such an offense, to provide for imprisonment of the person in the county jail when the sentence is for a period of not more than one year, but that statute does not permit such a sent...
...ve been the same had one of the sentences been for a misdemeanor rather than a felony is to inject into his analysis more than a healthy measure of speculation. Until now, misdemeanor jail time has never been part of the equation used to determine a Section 922.051 violation....
...State,
504 So.2d 783 (Fla. 1st DCA 1987). To extend the reach of the statute to those offenses to which it, by its own terms and as interpreted, does not now apply is to judicially recast the substance of the law. While it may be true that the 1967 amendment of Section
922.051 was motivated by the policy considerations suggested by Judge Carroll, those policy considerations ceased to exist with the advent of sentencing guidelines. If Section
922.051 was intended to discourage extended use of county jails when sentencing felons, guidelines sentencing seems premised on discouraging use of state penal facilities for those same offenders. The sentencing trial judge is caught betwixt and between these contending philosophies, and to further restrict his sentencing alternatives by creative interpretation of Section
922.051 is, in my view, both unwarranted and unwise. Given the legislative history and prior appellate interpretation of Section
922.051, I do not share the majority's understanding that it prohibits imprisonment in a county jail for more than one year regardless of *1185 whether incarceration is for a felony or a misdemeanor, or some combination of both....
...State, supra , and by another panel of this court in Amrein v. State, supra , is, I believe, the correct interpretation of the statute. Including by interpretation a misdemeanor sentence in the cumulative time computation when dealing with an alleged violation of Section 922.051 will only serve to add to the uncertainties wrought by Florida's current felony sentencing structure. As an example, will it now be necessary for a trial judge sentencing a defendant to county jail on a felony conviction to take into account in fashioning a permissible Section 922.051 sentence the time remaining to be served if the defendant is serving a county jail term imposed by a county judge on an unrelated misdemeanor offense? What of a defendant who is sentenced by a county judge on an unrelated misdemeanor...
...the defendant to a year in the county jail on a felony? If the misdemeanor sentence serves to extend the total incarceration period beyond one year, does that misdemeanor sentence render the previously imposed felony sentence illegal as violative of Section 922.051? The confounding factual scenarios that may emerge are limited only by one's imagination. In sum, if the legislature had intended to radically alter Section 922.051 in the manner we change it today, it could easily and clearly have done so....
...ho "were seriously burned by the acid."
311 So.2d at 776) would support a felony conviction under sections 784.04 and
784.045, Florida Statutes (1973). In Mancebo v. State , which involved three misdemeanor charges, the opinion states, "The statute [§
922.051] and cases relied upon [ Dade County v....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...traffic offenses and several contempt of court charges, defendant was sentenced to twelve consecutive one year terms of imprisonment in the county jail. Defendant challenges his detention in the Orange County jail for more than one year, relying on section 922.051, Florida Statutes (1985) which says: When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than 1 year....
...misdemeanor and one felony conviction for which defendant received county jail terms. Kline held that probation with a term of county jail as a condition thereof for a felony consecutive to a misdemeanor *867 county jail sentence is not valid under section 922.051 where the total cumulative sentence exceeds one year. Kline specifically noted that section 922.051 applies only to felony sentences and is not applicable to misdemeanor sentences....
...As cited by the State, there are two cases dealing with incarceration resulting only from misdemeanor offenses in which the appellate courts rejected defendants' arguments that county jail incarceration for a period of years resulting from consecutive misdemeanor sentences violated section 922.051....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ints raised on appeal. Additionally, we note and agree with the state's concession that the total sentence of two years imprisonment in the county jail is an improper sentence. The maximum possible sentence in the county jail is one year. Fla. Stat. § 922.051; Dade County v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 787
...f the first degree may be incarcerated for a term not in excess of one year. The trial court here sentenced appellant within the limitations of section
775.082(4)(a) to eight months jail time on each of his first degree misdemeanor convictions. *785 Section
922.051, Florida Statutes, proscribes any county jail term exceeding one year where a statute expressly directs that imprisonment be in a state prison. In Dade County v. Baker,
265 So.2d 700 (Fla. 1972), the Florida Supreme Court found that section
922.051 applies only to felonies. Following Baker, the court in Mancebo v. State,
338 So.2d 268 (Fla. 3d DCA 1976), affirmed three consecutive one year sentences in the county jail for three misdemeanor convictions, finding that section
922.051 does not apply to consecutive misdemeanor sentences....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...r in this opinion. Here the three informations to which the defendant pled guilty each charged commission of an offense which was a third degree felony punishable by imprisonment in the state penitentiary for a period not in excess of five years. By § 922.051 Fla....
...), which were imposed upon revoking probation. This question is presented. Where one who could be sentenced to imprisonment in the state penitentiary for a period of years is sentenced to imprisonment in the county jail (for a period as permitted by § 922.051 Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...e period of 4 years and 9 months after he served 3 months in the Nassau County jail." Florida Statute
775.082(4)(c), F.S.A., directs that one convicted of a felony of the third degree shall be punished by imprisonment in the state penitentiary. F.S. Section
922.051, F.S.A., provides as follows: "When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than one year." F.S....
...impose any sentence which it might have originally imposed before *505 placing the probationer on probation." (emphasis added.) Thus it appears that the sentence actually imposed by the trial judge was less than that allowed by law. Florida Statute 922.051, F.S.A., allows imposition of a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentence is not more than one year....
...the Lord gave, and the Lord hath taken away; ... ." [3] The imposition of all but three months of the sentence was withheld by the trial judge; therefore an actual sentence of only three months was imposed, well within the limitation set forth in F.S. 922.051, F.S.A....
CopyCited 2 times | Published | District Court of Appeal of Florida
...the seven-year term for the time he has served under the void judgment and sentence, plus gained time, if any, under the seven-year sentence. It is so ordered. ALLEN, Acting C.J., SMITH, J., and SANDLER, HARRY N., Associate Judge, concur. NOTES [1] Section 922.051, Florida Statutes, F.S.A., would permit the court to sentence the defendant to one year in the county jail instead of in the state prison, so it cannot be said that the initial sentence, standing alone, was unlawful for the reason that it imposed imprisonment in a place unauthorized by law....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 6181
...riffs Drug Farm program, as a special condition of probation. The probation period was to run consecutively to the prison sentence. Through his counsel, Leach filed a Motion to Correct Illegal Sentence in which he asserted that his sentence violated section 922.051, Florida Statute (1999), because the total of his cumulative sentence exceeds one year....
...Leach argues on appeal that the trial court should have held a hearing to determine whether the special condition of probation, completing the Sheriff's Drug Farm program, was considered incarceration in the county jail. If it was, his sentence violates section 922.051, Florida Statutes (1999)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 397454
...inal proceeding or investigation. [2] Thus, an acquittal of the arson charge against Flores did not negate a necessary element for a conviction on the evidence tampering charge. In challenging the validity of his sentence, Flores relies primarily on section
922.051, Florida Statutes (2006), and our *559 decision in Fleming v. State,
637 So.2d 945 (Fla. 5th DCA 1994). Flores' reliance is misplaced. Section
922.051 provides as follows: §
922.051 Imprisonment in County Jail, Term of One Year of Less....
...eanors because misdemeanors are not punishable by "imprisonment in a state prison." [3] Armstrong v. State,
656 So.2d 455 (Fla.1995) (consecutive county jail sentences that exceed one year for misdemeanors, as opposed to felonies, are permissible as section
922.051 does not apply to misdemeanors); see also Dade County v....
...t to county jail time on the misdemeanor to be followed by a prison sentence on the felony count even if the total of the defendant's cumulative sentences exceeds one year. By contrast, if a defendant is convicted of both a misdemeanor and a felony, section
922.051 would prevent a court from imposing county jail time for the felony conviction if the total of the defendant's cumulative sentences would exceed one year. Singleton v. State,
554 So.2d 1162 (Fla.1990) (sentence of 364 days in county jail on misdemeanor charge followed by fifteen years probation on felony charge with additional county jail time of 364 days as condition of probation violated section
922.051). Our Fleming decision is readily distinguishable from the instant case. In Fleming, the defendant was sentenced on two felony charges. We found that section
922.051 prohibited the trial court from imposing a five year prison sentence on one felony count followed by one year in the county jail on the other felony count. In the present case, unlike Fleming, the trial court imposed county jail time solely for a misdemeanor conviction. There was no violation of section
922.051....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...which the trial court originally withheld from his designated sentence and cannot be sentenced to a more severe term of imprisonment. However, in our view the state's contention fails to reconcile the provisions of Section
948.01(4) with Fla. Stat. §
922.051, F.S.A....
...a period of not longer than one year. The state cites Dade County v. Baker, Fla. 1972,
265 So.2d 700 (adopting Judge Carroll's dissenting opinion in this court's opinion reported at
258 So.2d 511) in which the Florida Supreme Court stated that under Section
922.051, a trial judge may impose the maximum one-year term on one charge and a sentence to probation on another charge....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...921.18, F.S.A., the indeterminate sentence statute, where a convicted felon may serve only 6 months in the state penitentiary, with F.S. 1967,
817.311, F.S.A., unlawful use of badges, etc., where for conviction of a misdemeanor, one can serve up to 1 year in county jail. Then see F.S.
922.051, F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2953, 2009 WL 838385
...ne 15 years in prison; (2) possession of cannabis one year jail; and (3) possession of drug paraphernalia one year jail. In his motion, Vega alleged that a sentence of two one-year jail terms consecutive to a prison sentence is illegal. See § 922.051, Fla....
...(1999) (providing: "When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner's cumulative sentences is not more than 1 year"). Appellant's claim is without merit. As the trial court explained in its order, section 922.051 prohibits consecutive county jail sentences on felony offenses if the cumulative total exceeds one year. Consecutive misdemeanor county jail sentences are permissible; section 922.051 does not apply to misdemeanors....
...o be followed by a prison sentence on the felony count even if the total of the defendant's cumulative sentences exceeds one year. Flores v. State,
974 So.2d 556, 559 (Fla. 5th DCA 2008). Vega's jail sentences are for misdemeanors, not for a felony. Section
922.051 does not apply because he was not sentenced to jail time for his felony offense. Flores,
974 So.2d at 559 (explaining that section
922.051 "is inapplicable where county jail time is imposed solely for misdemeanors because misdemeanors are not punishable by `imprisonment in a state prison'")....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 754, 1989 Fla. App. LEXIS 1602
Singleton contends that his sentence violates section
922.051, which provides: When a statute expressly directs
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1423, 1988 Fla. App. LEXIS 2535
County jail for more than one year, relying on section
922.051, Florida Statutes (1985) which says: When a
CopyPublished | Florida 5th District Court of Appeal | 1994 WL 321729
...First, it was error to impose consecutive sentences on the felony and misdemeanor counts for an aggregate imposition exceeding one year in the county jail. Singleton v. State,
554 So.2d 1162 (Fla. 1990), approving, Kline v. State,
509 So.2d 1178 (Fla. 1st DCA 1987) (improper under section
922.051, Florida Statutes to impose county jail time on felony consecutive to county jail time on misdemeanor when cumulative sentence exceeds one year)....
CopyPublished | Florida 5th District Court of Appeal | 2016 WL 830275
year.” (internal quotation marks omitted). Section
922.051 provides: Imprisonment in county jail
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7276
through cumulative sentences was prohibited by §
922.051 Fla.Stat., F.S.A. If, however, as the majority
