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404 So. 2d 1177

Pattmon v. State

District Court of Appeal of Florida

Decided October 23, 1981

District Court of Appeal of Florida · decided 1981-10-23

Cited by 1 later decisions — most recently September 1997

1 state decisions

Relies on Teffeteller v. State · Kubalski v. Seaboard Coast Line Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-23

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OTT, Judge.

¶1Appellant was convicted of a charge of escape and sentenced to 15 years in prison. He was at that time on parole from a sentence on another crime. The new 15-year sentence specified that it was “to commence after any parole violation sentence that might be imposed.”

¶2The quoted language was surplus-age. Unless the court specifically directed otherwise, the new sentence would as a matter of law be consecutive to any other sentence for an offense that was the subject of a separate indictment, information, or affidavit. § 921.16, Fla.Stat.

¶3As constituted, the new sentence is impermissibly uncertain as to commencement. Keel v. State, 321 So.2d 86 (Fla. 2d DCA 1975). We therefore cure the deficiency by striking the surplusage. Teffeteller v. State, 396 So.2d 1171 (Fla. 5th DCA 1981).

¶4The judgment of conviction and the sentence, as amended, are AFFIRMED.

GRIMES, Acting C. J., and RYDER, J., concur.
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