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Newman v. State

District Court of Appeal of Florida, Fifth District
Feb 10, 1982
409 So. 2d 514 (Fla. Dist. Ct. App. 1982)

Summary

holding that language in a sentencing order that the sentence "be served consecutively with any other sentence imposed by any other court," referred only to a sentence already imposed when the court entered its judgment and sentence

Summary of this case from Bailey v. State

Opinion

No. 81-344.

February 10, 1982.

Appeal from the Circuit Court, Volusia County, Uriel Blount, Jr., J.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant was convicted of uttering a false or forged instrument. He was sentenced to five years on the condition that the sentence "be served consecutively with any other sentence imposed by any other court." Construing this language as referring only to a sentence already imposed at the time the court entered its judgment, we AFFIRM. See Teffeteller v. State, 396 So.2d 1171 (Fla. 5th DCA 1981).

AFFIRMED.

DAUKSCH, C.J., and COWART, J., concur.


Summaries of

Newman v. State

District Court of Appeal of Florida, Fifth District
Feb 10, 1982
409 So. 2d 514 (Fla. Dist. Ct. App. 1982)

holding that language in a sentencing order that the sentence "be served consecutively with any other sentence imposed by any other court," referred only to a sentence already imposed when the court entered its judgment and sentence

Summary of this case from Bailey v. State
Case details for

Newman v. State

Case Details

Full title:QUINNIE NEWMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 10, 1982

Citations

409 So. 2d 514 (Fla. Dist. Ct. App. 1982)

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The statutory language infers that there must be an existing sentence in that jurisdiction. Cf., Newman v.…