Stuhrke v. State

District Court of Appeal of Florida

Stuhrke v. State

467 So. 2d 487, 10 Fla. L. Weekly 978, 1985 Fla. App. LEXIS 13545

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1985

DocketNo. 84-1486

StatusPublished

This text of 467 So. 2d 487 (Stuhrke 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

Stuhrke v. State, 467 So. 2d 487, 10 Fla. L. Weekly 978, 1985 Fla. App. LEXIS 13545 (Fla. Ct. App. 1985).

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Opinion

SHARP, Judge.

Stuhrke appeals from his sentence imposed for three offenses. The trial court sentenced Stuhrke for both a substantive drug offense and two burglary offenses for which he was then on probation, to two years on community control, to be followed by three concurrent terms on probation for each count. Participation and service in a residential drug treatment program was made a condition of community control.

However, the court refused to release Stuhrke from jail, until he would or could be accepted into the drug program. Stuhrke has now been awaiting admission in such a program since September 13, 1984 — some seven months. There is nothing in the record to assure he will be accepted at any specific time. Based on the record in this case, it appears that Stuhrke was, in effect, given an indefinite jail sentence or that he has not effectively been sentenced. Starling v. State, 458 So.2d 799 (Fla. 5th DCA 1984); Phillips v. State, 455 So.2d 656 (Fla. 5th DCA 1984). Accordingly, we vacate the sentence and remand for resentencing.

SENTENCE VACATED; REMANDED.

ORFINGER and COWART, JJ„ concur.

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SHARP, Judge.

Stuhrke appeals from his sentence imposed for three offenses. The trial court sentenced Stuhrke for both a substantive drug offense and two burglary offenses for which he was then on probation, to two years on community control, to be followed by three concurrent terms on probation for each count. Participation and service in a residential drug treatment program was made a condition of community control.

However, the court refused to release Stuhrke from jail, until he would or could be accepted into the drug program. Stuhrke has now been awaiting admission in such a program since September 13, 1984 — some seven months. There is nothing in the record to assure he will be accepted at any specific time. Based on the record in this case, it appears that Stuhrke was, in effect, given an indefinite jail sentence or that he has not effectively been sentenced. Starling v. State, 458 So.2d 799 (Fla. 5th DCA 1984); Phillips v. State, 455 So.2d 656 (Fla. 5th DCA 1984). Accordingly, we vacate the sentence and remand for resentencing.

SENTENCE VACATED; REMANDED.

ORFINGER and COWART, JJ„ concur.

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Bluebook (online)

467 So. 2d 487, 10 Fla. L. Weekly 978, 1985 Fla. App. LEXIS 13545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuhrke-v-state-fladistctapp-1985.

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