CopyCited 73 times | Published | Supreme Court of Florida
...rs, by exhibiting a lewd and pornographic picture in the presence of said minor female, without intent to commit rape." The petitioner plead guilty to the charge, judgment was entered, and he was sentenced under our "indeterminate sentence" statute, § 921.18, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...NOTES [1] No question has been raised in the briefs concerning the legality of an indeterminate sentence of not less than 2 years where the legislature has specifically provided for an indeterminate period of 6 months to a maximum period of imprisonment which may be less than the maximum provided by law for the offense. F.S. 921.18....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...State,
369 So.2d 1031 (Fla. 4th DCA 1979). Upon resentencing, the trial judge cannot sentence appellant to an indeterminate sentence, as he did before, *109 because the legislature has disallowed such a sentence in the punishment of habitual criminals. Fla. Stat.
921.18 (1979)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...Upon appellant's motion to correct sentence, the sentencing judge deleted the three year portion of the sentence and gave appellant a determinate sentence of ten years. Having determined to give the appellant an "indeterminate sentence" the only lawful sentence allowable under Section 921.18, Florida Statutes was one requiring a minimum of 6 months....
CopyCited 1 times | Published | Supreme Court of Florida
...Petitioner assaults his original sentence on the ground that because it was indeterminate it violated the provisions of Section 8, Declaration of Rights, Florida Constitution, which prohibits "indefinite imprisonment." The sentence imposed by the trial judge in the forgery matter complied strictly with the provisions of Section 921.18, Florida Statutes, 1957 F.S.A....
...It constantly holds out to the individual law violator the incentive to minimize his term of imprisonment. It offers him every chance to re-establish himself as a useful member of society, provided he has the courage and ambition to accomplish this desirable result. Section 921.18, Florida Statutes, F.S.A., is merely an exercise of the legislative power to prescribe penalties and punishment for the commission of crimes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...riffin v. State, Fla.App. 1969,
217 So.2d 893, although by our court, suffice it to say I was not on the decisive panel, and in any event this case also does not consider, Adams . [12] Excluding probation and considering imprisonment only, compare F.S.
921.18, F.S.A., the indeterminate sentence statute, where a convicted felon may serve only 6 months in the state penitentiary, with F.S....
CopyPublished | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 21275
...Lee appeals an order that attempted to correct two illegal “split” sentences — of five years’ probation conditioned on two years’ incarceration — by imposing concurrent indeterminate sentences of two to five years. Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 24141
conceded by the State to be invalid under Section
921.18, Florida Statutes (1981), see Lee v. State
CopyPublished | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 19989
three-year mandatory minimum to apply. See Section
921.18, Florida Statutes (1979). Therefore, appellant’s
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6859
assignment is a discussion of the “philosophy” of F.S. §
921.18, F.S.A., the indeterminate punishment statute
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20437
...At the violation of probation hearing, the court orally sentenced the appellant to a period of imprisonment not to exceed three years. However, the written judgment and sentence fails to specify that appellant was sentenced to an indeterminate period of six months to three years imprisonment. See § 921.18, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6448
5 Secondly, appellees argue that under F.S. Section
921.18, F.S.A., the trial court could have imposed
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13803
...§ 921.-161(1), the defendant was allowed credit for 158 days he was in the county jail. The appellant was a decorated veteran who stated he became involved in drugs while he served in the United States Army in Vietnam. We think the court wisely utilized the indeterminate sentence method authorized by Fla.Stat. § 921.18, with a recommendation for drug rehabilitation treatment while the appellant is confined to the Division of Corrections....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14287
...the other cases, said sentences to run concurrently with that rendered in Case No. 74-1408, supra, with credit for time spent in the county jail awaiting trial. It appears that the trial court in its discretion sentenced appellant in accordance with Section 921.18, Florida Statutes, which provides in pertinent part: ....
CopyPublished | Supreme Court of Florida
...An original petition for writ of habeas corpus is presented by this petitioner on numerous grounds. Insofar as petitioner contests the constitutionality vel non of the procedures allegedly employed in the execution of the indeterminate sentence imposed against him, the petition should be denied. F.S. Section 921.18-921.23, F.S.A.; Carnley v....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 20594, 2014 WL 7212644
...2d DCA 1979) (table decision).
On September 23, 2013, Pack filed a motion to correct illegal sentence
under Florida Rule of Criminal Procedure 3.800(a), contending that his sentence is
illegal because the only lawful indeterminate sentence under section 921.18, Florida
Statutes (1977), required a minimum of six months' imprisonment....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15999
SHARP, Judge. The trial court erred in setting the indeterminate sentence of the appellant at 36 months to 10 years. (Emphasis supplied). § 921.18 Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15090
...After extensive hearing and examination of the records before him, the trial judge sentenced the defendant to life. He appeals and contends that this is an illegal sentence because of the following two reasons: (1) That in imposing sentence, *805 the trial court abused its discretion in failing to consider § 921.18, Fla.Stat....
...be subject, upon conviction, to appropriate sentence in accordance with the crime charged. Counsel has also pointed out that the trial judge may not have been aware that he could have sentenced the appellant to an indeterminate sentence, pursuant to § 921.18, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 19820
...Consequently, a defendant’s sentence must be authorized by statute; without a statute allowing such punishment, the sentence is unauthorized. See, e.g., Speller v. State,
305 So.2d 231 (Fla. 2d DCA 1974) (sentence “at hard labor” was unauthorized after repeal of § 922.05(2)). Section
921.18, Florida Statutes (1979), authorizing indeterminate sentences, is limited in application to noncapital felonies....
