Legal Opinion

McCall v. State

District Court of Appeal of Florida

Decided October 4, 1985No. 85-1310PublishedCited by 3 opinions

1Opinion of the Court

LEHAN, Judge.

We affirm the denial of defendant’s motion for post-conviction relief.

The grounds of the motion were that defendant’s sentence was improper because among its terms was the provision that he be incarcerated for twenty-five years “to run consecutively with sentence now serving from North Carolina and consecutively with any additional sentence received from the state of North Carolina.” We agree that the sentence was improperly indefinite because it was vague and uncertain as to when it commenced relative to “any additional sentence” in North Carolina. See Richardson v. State, 432…

2Cases cited3 opinions

  1. Richardson v. StateDistrict Court of Appeal of Florida · 1983
  2. Teffeteller v. StateDistrict Court of Appeal of Florida · 1981
  3. Keel v. StateDistrict Court of Appeal of Florida · 1975

3Cited by3 opinions

  1. Buss v. ReichmanDistrict Court of Appeal of Florida · 2011
  2. Schlosser v. StateDistrict Court of Appeal of Florida · 1989
  3. Smith v. StateDistrict Court of Appeal of Florida · 1987

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