White v. State

While on parole, the appellant was arrested for possession of cocaine. Pursuant to a plea agreement, the trial court sentenced the appellant to 24 months’ imprisonment for possession of cocaine to run concurrently with his parole violation “at the discretion of the parole board.” In its discretion, the Department of Corrections chose to run the sentences consecutively. The appellant filed a motion under Florida Rule of Criminal Procedure 3.800(a), arguing that the trial court improperly delegated discretion to the Department of Corrections, which has no authority to make sentencing decisions.…