State v. HitchcockAnnotate this Case
The Supreme Court reversed the judgment of the court of appeals and held that, unless otherwise authorized by statute, a trial court may not impose community-control sanctions on one felony count to be served consecutively to a prison term imposed on another felony count.
Defendant pleaded guilty to three counts of unlawful sexual conduct with a minor. On two of the counts the court ordered Defendant to serve a five-year prison term, with each term to run consecutively to the other. On the third count, the court ordered Defendant to serve a five-year term of community control to be served consecutively to the prison terms imposed on the other two counts. The court of appeals affirmed the sentence. The Supreme Court reversed, holding that there was no statutory basis for ordering that a defendant be assessed for placement in a community-based correctional facility after that defendant's completion of a prison term imposed for another offense in that case.