Broxton v. State

District Court of Appeal of Florida

Broxton v. State

453 So. 2d 98, 1984 Fla. App. LEXIS 13726

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1984

DocketNo. AV-378

StatusPublished

Cited by3 cases

This text of 453 So. 2d 98 (Broxton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broxton v. State, 453 So. 2d 98, 1984 Fla. App. LEXIS 13726 (Fla. Ct. App. 1984).

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Opinion

THOMPSON, Judge.

Broxton appeals an order of probation, contending that the trial court erred in conditioning this order on his serving two consecutive 364-day periods of incarceration in the county jail. We reverse.

Broxton pled guilty to two counts of selling controlled substances. He was adjudged guilty of these two third degree felonies, and as to each count was placed on probation for a term of five years conditioned upon serving 364 days in the county jail. The periods of incarceration were to be served consecutively. The trial court’s order directing that the 364-day periods of incarceration be served consecutively rendered the order illegal under § 922.051, Fla.Stat. (1983) and Dade County v. Baker, 265 So.2d 700 (Fla.1972). Imprisonment for felonies may not cumulatively exceed one year if the county facilities are used.

Reversed and remanded for resentenc-ing.

BARFIELD, J., concurs. NIMMONS, J., dissents without opinion.

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THOMPSON, Judge.

Broxton appeals an order of probation, contending that the trial court erred in conditioning this order on his serving two consecutive 364-day periods of incarceration in the county jail. We reverse.

Broxton pled guilty to two counts of selling controlled substances. He was adjudged guilty of these two third degree felonies, and as to each count was placed on probation for a term of five years conditioned upon serving 364 days in the county jail. The periods of incarceration were to be served consecutively. The trial court’s order directing that the 364-day periods of incarceration be served consecutively rendered the order illegal under § 922.051, Fla.Stat. (1983) and Dade County v. Baker, 265 So.2d 700 (Fla.1972). Imprisonment for felonies may not cumulatively exceed one year if the county facilities are used.

Reversed and remanded for resentenc-ing.

BARFIELD, J., concurs. NIMMONS, J., dissents without opinion.

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453 So. 2d 98, 1984 Fla. App. LEXIS 13726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broxton-v-state-fladistctapp-1984.

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