History
  • No items yet
midpage
Broxton v. State
453 So. 2d 98
Fla. Dist. Ct. App.
1984
Check Treatment
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.

Case Details

Case Name: Broxton v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 21, 1984
Citation: 453 So. 2d 98
Docket Number: No. AV-378
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.