Legal Opinion

Milton v. State

District Court of Appeal of Florida

Decided May 20, 1994No. 94-799Published

1Per curiam

AFFIRMED. § 921.16, Fla.Stat. (1993); Johnson v. State, 538 So.2d 553 (Fla. 2d DCA 1989). The appellant misinterprets Smith v. State, 515 So.2d 363 (Fla. 4th DCA 1987). Smith held that a sentence imposed that runs consecutive to a sentence in any other pending case is indefinite and therefore improper. The court stated that a sentence must commence on a definite date, albeit after another definite sentence has been served.

Here, appellant was paroled before he completed serving his original 15 year sentence and committed three additional crimes while on parole. He was then required to complete…

2Cases cited2 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1989
  2. Smith v. StateDistrict Court of Appeal of Florida · 1987

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