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Florida Statute 921.18 | Lawyer Caselaw & Research
F.S. 921.18 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 921.18

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.18
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.

F.S. 921.18 on Google Scholar

F.S. 921.18 on Casetext

Amendments to 921.18


Arrestable Offenses / Crimes under Fla. Stat. 921.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 921.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PACK, v. STATE, 161 So. 3d 589 (Fla. Dist. Ct. App. 2014)

. . . contending that his sentence is illegal because the only lawful indeterminate sentence under section 921.18 . . .

A. KANTAINIS, v. STATE, 441 So. 2d 1115 (Fla. Dist. Ct. App. 1983)

. . . five to fifteen years imposed on Counts I and II, conceded by the State to be invalid under Section 921.18 . . .

G. GIBBS, v. STATE, 415 So. 2d 911 (Fla. Dist. Ct. App. 1982)

. . . See § 921.18, Florida Statutes (1981). . . .

D. BUTLER, v. STATE, 412 So. 2d 917 (Fla. Dist. Ct. App. 1982)

. . . Section 921.18, Florida Statutes (1979), authorizing indeterminate sentences, is limited in application . . .

LEE, Jr. v. STATE, 404 So. 2d 860 (Fla. Dist. Ct. App. 1981)

. . . Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18 . . .

JOHNSON, Jr. v. STATE, 399 So. 2d 108 (Fla. Dist. Ct. App. 1981)

. . . See Section 921.18, Florida Statutes (1979). . . .

BELL, v. STATE, 382 So. 2d 107 (Fla. Dist. Ct. App. 1980)

. . . Fla.Stat. 921.18 (1979). Judgment affirmed, sentence reversed and remanded for resentencing. . . .

MORRIS, v. STATE, 377 So. 2d 835 (Fla. Dist. Ct. App. 1979)

. . . . § 921.18 Florida Statutes (1977). Cox v. State, 344 So.2d 1324 (Fla. 2d D.C.A. 1977). . . .

FULFORD, v. BLACKBURN,, 593 F.2d 17 (5th Cir. 1979)

. . . . § 921.18 (1961). . . . Fla.Stat. § 921.18 (1961), provided: Sentence for indeterminate period for non-capital felony. — Whenever . . .

STATE v. A. SMITH, III,, 360 So. 2d 21 (Fla. Dist. Ct. App. 1978)

. . . F.S. 921.18. . . .

COX, v. STATE, 344 So. 2d 1324 (Fla. Dist. Ct. App. 1977)

. . . to give the appellant an “indeterminate sentence” the only lawful sentence allowable under Section 921.18 . . .

LANGDON, v. STATE, 330 So. 2d 804 (Fla. Dist. Ct. App. 1976)

. . . reasons: (1) That in imposing sentence, the trial court abused its discretion in failing to consider § 921.18 . . . have been aware that he could have sentenced the appellant to an indeterminate sentence, pursuant to § 921.18 . . .

JACKSON a k a v. STATE, 318 So. 2d 202 (Fla. Dist. Ct. App. 1975)

. . . . § 921.18, with a recommendation for drug rehabilitation treatment while the appellant is confined to . . .

D. GIBSON, v. STATE, 315 So. 2d 523 (Fla. Dist. Ct. App. 1975)

. . . It appears that the trial court in its discretion sentenced appellant in accordance with Section 921.18 . . .

STATE v. DULL, 249 So. 2d 758 (Fla. Dist. Ct. App. 1971)

. . . Section 921.18, F.S.A., the trial court could have imposed on each of the appellees Hannah and Harrell . . . F.S. § 921.18, F.S.A. . . .

DeLOACH, v. STATE, 232 So. 2d 765 (Fla. Dist. Ct. App. 1970)

. . . . § 921.18, F.S.A., the indeterminate punishment statute and the discussion of that section by the Supreme . . .

BROWN, v. STATE, 232 So. 2d 55 (Fla. Dist. Ct. App. 1970)

. . . Excluding probation and considering imprisonment only, compare F.S. 921.18, F.S.A., the indeterminate . . .

ANDERSON, v. L. WAINWRIGHT,, 158 So. 2d 518 (Fla. 1963)

. . . Section 921.18-921.23, F.S.A.; Carnley v. Cochran, Fla.1960, 118 So.2d 629. . . .

J. D. CARNLEY, v. H. G. COCHRAN, Jr., 118 So. 2d 629 (Fla. 1960)

. . . sentence imposed by the trial judge in the forgery matter complied strictly with the provisions of Section 921.18 . . . Section 921.18, Florida Statutes, F.S.A., is merely an exercise of the legislative power to prescribe . . .

ADAMS, v. O. CULVER,, 111 So. 2d 665 (Fla. 1959)

. . . the charge, judgment was entered, and he was sentenced under our “indeterminate sentence” statute, § 921.18 . . .

THE CHOCTAW NATION v. THE UNITED STATES, 91 Ct. Cl. 320 (Ct. Cl. 1940)

. . . plaintiff for $789,773.17, except such of the amounts as are stated in the alternative claim of $469,-921.18 . . .