Legal Opinion

Locke v. State

District Court of Appeal of Florida

Decided June 16, 1995No. 95-70PublishedCited by 2 opinions

1Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence.

The question on appeal is whether it is legal to sentence a person convicted of both a felony and a misdemeanor to consecutive terms in the county jail, if the aggregated sentences exceed one year. We answer in the negative and certify the question as being one of great public importance.

In Dewitt v. State, 639 So.2d 694 (Fla. 5th DCA 1994), this court held that “it was error to impose consecutive sentences on the felony and misdemeanor counts for an aggregate *572imposition exceeding one year in the county jail.” Id. at 695. Citing Singleton v.…

2Cases cited4 opinions

  1. Singleton v. StateSupreme Court of Florida · 1990
  2. Armstrong v. StateSupreme Court of Florida · 1995
  3. Kline v. StateDistrict Court of Appeal of Florida · 1987
  4. Dewitt v. StateDistrict Court of Appeal of Florida · 1994

3Cited by2 opinions

  1. State v. TroutmanSupreme Court of Florida · 1996
  2. Troutman v. StateDistrict Court of Appeal of Florida · 1996

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