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Florida Statute 922.051 | Lawyer Caselaw & Research
F.S. 922.051 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 922.051

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 922
EXECUTION
View Entire Chapter
F.S. 922.051
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.

F.S. 922.051 on Google Scholar

F.S. 922.051 on Casetext

Amendments to 922.051


Arrestable Offenses / Crimes under Fla. Stat. 922.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 922.051.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ORANGE COUNTY, v. STATE, 187 So. 3d 322 (Fla. Dist. Ct. App. 2016)

. . . See §§ 922.051; 775.08(1), Fla. . . . Section 922.051 provides: Imprisonment in county jail, term of 1 year or less When a statute expressly . . .

M. VEGA, v. STATE, 6 So. 3d 109 (Fla. Dist. Ct. App. 2009)

. . . See § 922.051, Fla. . . . As the trial court explained in its order, section 922.051 prohibits consecutive county jail sentences . . . Consecutive misdemeanor county jail sentences are permissible; section 922.051 does not apply to misdemeanors . . . Section 922.051 does not apply because he was not sentenced to jail time for his felony offense. . . . Flores, 974 So.2d at 559 (explaining that section 922.051 “is inapplicable where county jail time is . . .

FLORES, v. STATE, 974 So. 2d 556 (Fla. Dist. Ct. App. 2008)

. . . In challenging the validity of his sentence, Flores relies primarily on section 922.051, Florida Statutes . . . Section 922.051 provides as follows: § 922.051 Imprisonment in County Jail, Term of One Year of Less. . . . By contrast, if a defendant is convicted of both a misdemeanor and a felony, section 922.051 would prevent . . . We found that section 922.051 prohibited the trial court from imposing a five year prison sentence on . . . There was no violation of section 922.051. AFFIRMED. . . .

J. LEACH, v. STATE, 774 So. 2d 899 (Fla. Dist. Ct. App. 2001)

. . . filed a Motion to Correct Illegal Sentence in which he asserted that his sentence violated section 922.051 . . . If it was, his sentence violates section 922.051, Florida Statutes (1999). . . .

MILLS, v. STATE, 740 So. 2d 1214 (Fla. Dist. Ct. App. 1999)

. . . See § 922.051, Fla. Stat. (1998); Monteleone v. . . .

MONTELEONE, v. STATE, 702 So. 2d 595 (Fla. Dist. Ct. App. 1997)

. . . Singleton; § 922.051, Fla. Stat. (1995). . . .

STATE v. TROUTMAN,, 685 So. 2d 1290 (Fla. 1996)

. . . This case involves the interpretation of section 922.051, Florida Statutes (1995), which reads as follows . . . So.2d 700 (Fla.1972), we adopted Judge Carroll’s dissenting opinion in which he interpreted section 922.051 . . . In support of his position that section 922.051 prohibits county jail terms in excess of one year for . . . consecutive sentences to the county jail of 364 days each for a felony and a misdemeanor violated section 922.051 . . . Singleton to refine our decision in Baker and held that the one-year county jail limitation of section 922.051 . . .

DAVILA, v. STATE, 680 So. 2d 1145 (Fla. Dist. Ct. App. 1996)

. . . Id. at 280 and authorities cited therein; see § 922.051, Fla. Stat. . . .

BENNETT, v. STATE, 672 So. 2d 634 (Fla. Dist. Ct. App. 1996)

. . . He argues that his cumulative sentences exceed the one-year limitation set forth in section 922.051, . . . appellant’s cumulative county jail sentences exceed the one-year limitation established by section 922.051 . . .

MEADOWS, v. STATE, 671 So. 2d 279 (Fla. Dist. Ct. App. 1996)

. . . State, 661 So.2d 960, 961 (Fla. 3d DCA 1995) (citing § 922.051, Fla.Stat. (1993) and Singleton v. . . .

HAYES, a k a v. STATE, 669 So. 2d 1170 (Fla. Dist. Ct. App. 1996)

. . . . § 922.051, Fla.Stat.; Gilbert v. . . .

TROGDON, v. STATE, 670 So. 2d 177 (Fla. Dist. Ct. App. 1996)

. . . The reasoning of these cases is based on section 922.051, Florida Statutes (1993), which provides: When . . . Although the state in our appeal argues that the above interpretation of section 922.051 should not be . . .

A. BACHMAN, v. STATE, 680 So. 2d 473 (Fla. Dist. Ct. App. 1996)

. . . State, 509 So.2d 1178 (Fla. 1st DCA 1987); § 922.051, Fla.Stat. (1995). . . .

GILBERT, v. STATE, 661 So. 2d 960 (Fla. Dist. Ct. App. 1995)

. . . . § 922.051, Fla. Stat. (1993); Singleton v. State, 554 So.2d 1162 (Fla.1990). . . .

ARMSTRONG, v. STATE, 656 So. 2d 455 (Fla. 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 922.051 applies to sentences imposed under the guidelines . . . Section 922.051 provides: “When a statute expressly directs that imprisonment be in a state prison, the . . . in the county jail if the total of the prisoner’s cumulative sentences is not more than 1 year.” § 922.051 . . . By its plain language, section 922.051 does not apply to misdemeanors. . . .

BASIC ENERGY CORPORATION, v. HAMILTON COUNTY, a a, 652 So. 2d 1237 (Fla. Dist. Ct. App. 1995)

. . . Section 922.051, Florida Statutes (1993) also recognizes the distinction between state prisons and county . . .

CHENEY, v. STATE, 640 So. 2d 103 (Fla. Dist. Ct. App. 1994)

. . . misdemeanor, with second jail term being a condition of probation on felony conviction, violated section 922.051 . . .

DEWITT, v. STATE, 639 So. 2d 694 (Fla. Dist. Ct. App. 1994)

. . . State, 509 So.2d 1178 (Fla. 1st DCA 1987) (improper under section 922.051, Florida Statutes to impose . . .

FLEMING, v. STATE, 637 So. 2d 945 (Fla. Dist. Ct. App. 1994)

. . . Fleming claims that section 922.051 prohibits the imposition of the one year county jail term as a condition . . .

WHICHARD, v. STATE, 630 So. 2d 231 (Fla. Dist. Ct. App. 1994)

. . . State, 554 So.2d 1162 (Fla.1990); § 922.051, Fla.Stat. (1991); § 921.001(5)(6), Fla.Stat. (1991); Fla.R.Crim.P . . .

ANDERSON, v. STATE, 617 So. 2d 827 (Fla. Dist. Ct. App. 1993)

. . . Section 922.051, Florida Statutes, which applies only to felonies, see Dade County v. . . .

LUSINK, v. STATE, 576 So. 2d 935 (Fla. Dist. Ct. App. 1991)

. . . Section 922.051 Florida Statutes (1989) provides: Imprisonment in county jail, term of one year or less . . .

WEBB, v. STATE, 561 So. 2d 1367 (Fla. Dist. Ct. App. 1990)

. . . Section 922.051, Florida Statutes (1987) does not apply here because the contempt did not even occur . . .

A. SINGLETON, v. STATE, 554 So. 2d 1162 (Fla. 1990)

. . . Singleton contends that the requirement that he serve a term greater than one year violated section 922.051 . . . The state argues that section 922.051 (which limits county jail terms to one year) appears to directly . . . We conclude that the sentencing guidelines and section 922.051 can be harmoniously construed and therefore . . . The district court correctly concluded that the consecutive felony sentence violated section 922.051. . . . Section 922.051 is not applicable in this situation where the trial court was sentencing Singleton at . . .

C. ROBINSON, v. STATE, 548 So. 2d 908 (Fla. Dist. Ct. App. 1989)

. . . Fla. 5th DCA 1989), in that they constitute interrupted sentences.' (2) They are violative of Section 922.051 . . .

A. SINGLETON, v. STATE, 540 So. 2d 233 (Fla. Dist. Ct. App. 1989)

. . . On appeal Singleton contends that his sentence violates section 922.051, which provides: When a statute . . . computation of misdemeanor jail time, which has never been part of the equation used to determine a section 922.051 . . . State, 509 So.2d 1178 (Fla. 1st DCA 1987), the policy considerations underlying section 922.051— i.e. . . . The majority opinion in Kline relied on section 922.051, but overlooked subsequent and superseding statutory . . .

GWYNN, v. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS,, 527 So. 2d 866 (Fla. Dist. Ct. App. 1988)

. . . Defendant challenges his detention in the Orange County jail for more than one year, relying on section 922.051 . . . condition thereof for a felony consecutive to a misdemeanor county jail sentence is not valid under section 922.051 . . . Kline specifically noted that section 922.051 applies only to felony sentences and is not applicable . . . incarceration for a period of years resulting from consecutive misdemeanor sentences violated section 922.051 . . .

KEMP, v. STATE, 526 So. 2d 214 (Fla. Dist. Ct. App. 1988)

. . . argues that the trial court erred in refusing to credit her pursuant to sections 921.187(l)(e) and 922.051 . . .

GRINER, v. STATE, 523 So. 2d 789 (Fla. Dist. Ct. App. 1988)

. . . sentenced to 364 days in the county jail as a sentence alternative under section 921.187(l)(e) and section 922.051 . . .

KLINE, v. STATE, 509 So. 2d 1178 (Fla. Dist. Ct. App. 1987)

. . . However, I do not agree that the felony sentence imposed violates Section 922.051, Florida Statutes, . . . , the majority indulges an unjustifiably broad and unnecessary, albeit arguable, reading of Section 922.051 . . . In 1961, Section 922.051 was amended to provide that from and after January 1, 1963, no felony sentence . . . Section 922.051 was amended again in 1967 to read: Whenever punishment by imprisonment is prescribed, . . . Baker, supra, wherein the Supreme Court adopted Judge Carroll’s interpretation of Section 922.051. . . . Appellant contends that this is an illegal sentence, in violation of section 922.051, Florida Statutes . . . Appellant contests the consecutive county jail terms on the basis of section 922.051, Florida Statutes . . . Section 922.051 provides: Imprisonment in county jail, term of 1 year or less. . . . We conclude, however, that the consecutive felony sentence violates section 922.051 because it extends . . . Discussing the meaning and purpose of section 922.051, he stated: Inspection of § 922.051 shows it is . . .

AMREIN, v. STATE, 504 So. 2d 783 (Fla. Dist. Ct. App. 1987)

. . . Section 922.051, Florida Statutes, proscribes any county jail term exceeding one year where a statute . . . Baker, 265 So.2d 700 (Fla.1972), the Florida Supreme Court found that section 922.051 applies only to . . . consecutive one year sentences in the county jail for three misdemeanor convictions, finding that section 922.051 . . .

BROXTON, v. STATE, 453 So. 2d 98 (Fla. Dist. Ct. App. 1984)

. . . that the 364-day periods of incarceration be served consecutively rendered the order illegal under § 922.051 . . .

WILLNER, v. STATE, 350 So. 2d 1108 (Fla. Dist. Ct. App. 1977)

. . . Pursuant to Section 922.051, Florida Statutes (1973) the judge properly sentenced the defendant to the . . .

MANCEBO, v. STATE, 338 So. 2d 268 (Fla. Dist. Ct. App. 1976)

. . . Appellant argues that Section 922.051 Florida Statutes (1975) and the cases of Dade County v. . . .

STATE v. JONES,, 327 So. 2d 18 (Fla. 1976)

. . . FOR A PERIOD OF YEARS IS SENTENCED TO IMPRISONMENT IN THE COUNTY JAIL (FOR A PERIOD AS PERMITTED BY § 922.051 . . . contended the. sentence imposed was in excess of the maximum limits because of the provision of Section 922.051 . . .

E. WOODRUFF, v. STATE, 309 So. 2d 55 (Fla. Dist. Ct. App. 1975)

. . . cause is remanded to the trial court for resentencing in light of the provisions of §§ 948.01(4) and 922.051 . . .

SMITH, v. STATE, 311 So. 2d 775 (Fla. Dist. Ct. App. 1975)

. . . . § 922.051; Dade County v. Baker, 265 So.2d 700 (Fla.1972). . . .

LEWIS, v. STATE, 298 So. 2d 540 (Fla. Dist. Ct. App. 1974)

. . . . § 922.051 (1971) and F.S. § 948.01(4) (1971). . . .

JONES, v. STATE, 296 So. 2d 519 (Fla. Dist. Ct. App. 1974)

. . . By § 922.051 Fla.Stat., F.S.A., the defendant could be sentenced thereon to imprisonment in the county . . . for a period of years is sentenced to imprisonment in the county jail (for a period as permitted by § 922.051 . . .

C. REYNOLDS, v. STATE, 293 So. 2d 743 (Fla. Dist. Ct. App. 1974)

. . . court’s opinion reported at 258 So.2d 511) in which the Florida Supreme Court stated that under Section 922.051 . . .

O. WATERS, v. STATE, 290 So. 2d 503 (Fla. Dist. Ct. App. 1974)

. . . Section 922.051, F.S.A., provides as follows: “When a statute expressly directs that imprisonment be . . . therefore an actual sentence of only three months was imposed, well within the limitation set forth in F.S. 922.051 . . .

WILLIAMS, v. STATE, 280 So. 2d 518 (Fla. Dist. Ct. App. 1973)

. . . penitentiary, elected to sentence the appellant to the County jail pursuant to the provisions of § 922.051 . . . Baker, Fla.1972, 265 So.2d 700; § 922.051, Fla.Stat., F.S.A. . . . Reversed and remanded with directions. . “§ 922.051 Imprisonment in county jail, term one year or less . . .

DADE COUNTY, a v. BAKER, In, 265 So. 2d 700 (Fla. 1972)

. . . . § 922.051, F.S.A. . . . the trial judge would remain free to alter the manner of sentencing so as to come within Fla.Stat. § 922.051 . . .

DADE COUNTY, a v. BAKER, In, 258 So. 2d 511 (Fla. Dist. Ct. App. 1972)

. . . defendant in the county jail for a period of two years through cumulative sentences was prohibited by § 922.051 . . . make incontestable by the county the question of the validity of that feature of the sentences under § 922.051 . . . The statutory section involved (§ 922.051 Fla.Stat., F.S.A.) is entitled: “Imprisonment in county jail . . . Inspection of § 922.051 shows it is concerned with sentences for felonies, since the offenses it deals . . . Section' 922.051 permits the court, upon conviction of a person for such an offense, to provide for imprisonment . . . . § 922.051 which reads as follows: “922.051 Imprisonment in county jail, term of one year or less. . . . Dade County filed petition to vacate the sentences in both cases upon the ground that F.S.A. § 922.051 . . .

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

. . . Then see F.S. 922.051, F.S.A. . . .

B. MICHELL, v. STATE CALLAHAN, Jr. a k a, 154 So. 2d 701 (Fla. Dist. Ct. App. 1963)

. . . Section 922.051, Florida Statutes, F.S.A., would permit tlie court.to sentence the defendant to one year . . .