Legal Opinion

Mills v. State

District Court of Appeal of Florida

Decided August 11, 1999No. 98-04177PublishedCited by 1 opinion

1Per curiam

Kenneth Bernard Mills appeals his consecutive jail sentences for two third-degree felonies following his violation of community control. The State concedes and we agree that a person convicted of multiple felonies cannot be sentenced to county jail in excess of one year. See § 922.051, Fla. Stat. (1998); Monteleone v. State, 702 So.2d 595 (Fla. 2d DCA 1997) (holding that consecutive county jail sentences exceeding one year are legally impermissible). This appeal is properly before this court. See Bain v. State, 730 So.2d 296 (Fla. 2d DCA 1999).

Accordingly, we reverse the sentences. On remand,…

2Cases cited3 opinions

  1. Bain v. StateDistrict Court of Appeal of Florida · 1999
  2. Lytle v. StateDistrict Court of Appeal of Florida · 1997
  3. Monteleone v. StateDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. Bradley v. StateDistrict Court of Appeal of Florida · 2000

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