Dade County v. Baker ex rel. Dade County

PEARSON, Judge.

We are presented with a petition for certiorari by Dade County, a political subdivision of the State of Florida, in which the County seeks review of a sentence of the Criminal Court of Record of Dade County. The basis of the County’s petition is a claim that the criminal court is prohibited by statute from sentencing any defendant to a county facility for a period in excess of one year. The statute to which the County refers is F.S.A. § 922.051 which reads as follows:

“922.051 Imprisonment in county jail, term of one year or less.

“When a statute expressly directs that…