Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided November 12, 1987No. 87-0662PublishedCited by 2 opinions

1Per curiam

The sole point meriting discussion is the appellant’s contention that the trial court erred in its sentence. The appellant was sentenced to nine years in prison to run consecutively with the sentence that the defendant is presently on parole for and any other pending case. The trial court erred in requiring the sentence to be served consecutively to a sentence which has not yet been imposed on other pending charges. It is improper to commence a sentence after the imposition of a sentence for any future unrelated crime. Wallace v. State, 41 Fla. 547, 26 So. 713 (1899); Percival v. State, 506…

2Cases cited6 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. Richardson v. StateDistrict Court of Appeal of Florida · 1983
  3. Teffeteller v. StateDistrict Court of Appeal of Florida · 1981
  4. Keel v. StateDistrict Court of Appeal of Florida · 1975
  5. Percival v. StateDistrict Court of Appeal of Florida · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hummell v. StateDistrict Court of Appeal of Florida · 1997
  2. Milton v. StateDistrict Court of Appeal of Florida · 1994

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