Davila v. State

District Court of Appeal of Florida

Davila v. State

680 So. 2d 1145, 1996 Fla. App. LEXIS 11120, 1996 WL 604452

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1996

DocketNo. 96-1853

StatusPublished

This text of 680 So. 2d 1145 (Davila 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.

Bluebook

Davila v. State, 680 So. 2d 1145, 1996 Fla. App. LEXIS 11120, 1996 WL 604452 (Fla. Ct. App. 1996).

Pincite

Opinion

Confession of Error

PER CURIAM.

In two separate felony cases which were sentenced simultaneously, the trial court imposed five years probation with a special condition of 364 days in the Monroe County Jail. The probation terms were concurrent, but the two sentences of 364 days were to be served consecutively.

The state concedes that under Meadows v. State, 671 So.2d 279 (Fla. 3d DCA 1996), the 364-day periods of incarceration must run concurrently. Id. at 280 and authorities cited therein; see § 922.051, Fla. Stat.

The sentencing orders are reversed and the cause remanded for resentencing.

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