921.18
Sentence for indeterminate period for noncapital felony.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
921.18 Sentence for indeterminate period for noncapital felony.—The court in its discretion may sentence a defendant convicted of a noncapital felony to the custody of the Department of Corrections for an indeterminate period of 6 months to a maximum period of imprisonment. The maximum sentence may be less than the maximum prescribed by law, but shall not be less than the minimum, if any, prescribed for the offense. After July 1, 1990, the court shall consider sentencing a defendant to serve his or her sentence in a county residential probation center facility as described in s. 951.23 for the county residential probation program as provided in s. 951.231 only if the defendant has not been previously convicted of a felony or twice convicted of a misdemeanor and the existing local facility has available capacity. This section shall not apply to sentences imposed under s. 775.084 or any other statute providing for punishment of habitual criminals.
History.—ss. 2, 7-11, ch. 57-366; s. 1, ch. 59-109; s. 18, ch. 61-530; s. 1, ch. 63-306; ss. 19, 35, ch. 69-106; s. 126, ch. 70-339; s. 1, ch. 70-441; s. 15, ch. 77-120; s. 26, ch. 79-3; s. 74, ch. 88-122; s. 6, ch. 91-225; s. 1545, ch. 97-102.
Note.—Section 126, ch. 70-339, incorporated portions of former s. 921.23 into s. 921.18.
Notes of Decisions
Cited in 18
cases, 1959–2014 · leading case: Adams v. Culver
Adams v. Culver (1959)
“" The petitioner plead guilty to the charge, judgment was entered, and he was sentenced under our "indeterminate sentence" statute, § 921.18, Fla. Stat. 1957, F.S.A., to a term of six months to twenty-five years in the state prison.”
Langdon v. State (1976)
“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. as a possible alternative sentence.”
Cox v. State (1977)
“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.”
Brown v. State (1970)
“, where for conviction of a misdemeanor, one can serve up to 1 year in county jail. Then see F.S. 922.051, F.”
State v. Smith (1978)
“F.S. 921.18. In view of our disposition reversing the amended sentence for the reason stated, we deem it unnecessary to consider this further.”
State v. Dull (1971)
““Whenever any person is convicted of a non-capital felony and the court determines that the defendant should not be placed on probation and should not be fined as the sole punishment, but should be sentenced to a term of confinement, the court within its discretion, in imposing…”
Gibson v. State (1975)
“It appears that the trial court in its discretion sentenced appellant in accordance with Section 921.18, Florida Statutes, which provides in pertinent part: .”
Lee v. State (1981)
“Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such cases to six months.”
Carnley v. Cochran (1960)
“" The sentence imposed by the trial judge in the forgery matter complied strictly with the provisions of Section 921.18, Florida Statutes, 1957 F.”
Johnson v. State (1981)
“See Section 921.18, Florida Statutes (1979). Therefore, appellant’s sentence is vacated and the case remanded to the trial court for an appropriate sentence in accordance with this opinion.”
Butler v. State (1982)
“The imposition of an indeterminate sentence upon a misdemeanor conviction constitutes fundamental error because this type of sentence is not authorized by any statutory authority to be imposed as punishment for a misdemeanor.”
Pack v. State (2014)
“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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.