922.051
Imprisonment in county jail, term of 1 year or less.
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922.051 Imprisonment in county jail, term of 1 year or less.—When a statute expressly directs that imprisonment be in a state prison, the court may impose a sentence of imprisonment in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year.
History.—s. 1, ch. 59-72; s. 1, ch. 61-168; s. 1, ch. 67-241; s. 132, ch. 70-339.
Notes of Decisions
Cited in 45
cases, 1963–2016 · leading case: Kline v. State
Kline v. State (1987)
“Appellant contends that this is an illegal sentence, in violation of section 922.051, Florida Statutes (1985), and impermissibly departs from the sentencing guidelines recommended sentence without a statement of clear and convincing reasons.”
Singleton v. State (1990)
“The district court affirmed the consecutive sentence, concluding that the sentence was within the presumptive guideline recommendation of "any nonstate prison sanction," and that the guidelines superseded statutes that prohibited imprisonment in the county jail for sentences…”
State v. Jones (1976)
“The defendant did not violate his probation but contended the sentence imposed was in excess of the maximum limits because of the provision of Section 922.051, Florida Statutes, which prescribed that a court might impose a sentence of imprisonment in the county jail if the total…”
Armstrong v. State (1995)
“In reconciling the sentencing guidelines and section 922.051, Florida Statutes (1987), this Court concluded that the one-year county jail limitation of section 922.”
Dade County v. Baker ex rel. Dade County (1972)
“The statute to which the County refers is F.S.A. § 922.051 which reads as follows: “922.”
Williams v. State (1973)
“It is apparent from the record that the trial court, having adjudicated the appellant guilty of a felony punishable by imprisonment in the State penitentiary, elected to sentence the appellant to the County jail pursuant to the provisions of § 922.051, Fla. Stat. [1] , F.S.A.,…”
Cheney v. State (1994)
“1st DCA 1985) (incarceration for felonies may not cumulatively exceed one year if county facilities are used); Fla. Stat. § 922.051 (1991). The state does not dispute appellant's contention that the special condition of probation was illegal.”
Flores v. State (2008)
“In challenging the validity of his sentence, Flores relies primarily on section 922.051, Florida Statutes (2006), and our *559 decision in Fleming v.”
Dade County v. Baker (1972)
“" The question is raised within the context of Fla. Stat. § 922.051 , F.S.A. The petition for writ of certiorari was granted and we have heard oral arguments.”
Amrein v. State (1987)
“*785 Section 922.051, Florida Statutes, proscribes any county jail term exceeding one year where a statute expressly directs that imprisonment be in a state prison.”
Griner v. State (1988)
“187(1)(e) and section 922.051, Florida Statutes (1987) following a felony conviction would receive credit for prior jail time, while a prisoner in the next cell serving an identical term of 364 days as a condition of probation, would not.”
Jones v. State (1974)
“By § 922.051 Fla. Stat., F.S.A., the defendant could be sentenced thereon to imprisonment in the county jail with a one-year limitation.”
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