Davila v. State
Davila v. State
680 So. 2d 1145; 1996 Fla. App. LEXIS 11120; 1996 WL 604452
(Southern Reporter, Second Series)
Davila v. State
Opinion of the Court
Confession of Error
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.