Silvester v. State

I agree with the majority opinion and am writing separately to address two cases cited by appellant. He relies primarily on Lamar v. State, 443 So.2d 414 (Fla. 4th DCA 1984), but he candidly acknowledges that “the opinion is somewhat short on facts.”

Although we cannot determine the relationship of the sentences in Lamar, Lamar relied on Vellucci v. Cochran, 138 So.2d 510 (Fla.1962). In Vellucci the defendant was serving consecutive sentences, the second to begin at the expiration of the first which the court held void. I interpret Vellucci to mean that if a defendant has wrongfully served the…