State v. Paige

At issue was whether the trial court erred in imposing a sentence, which included both a prison term and community control sanctions at the same time, where the community control sanctions continued after the completion of the prison sentence, which included additional confinement in a community-based-correctional-facility (CBCF).Defendant was sentenced to a prison term for sexual-battery and to community-control supervision for domestic violence. The community-control sentence included several conditions, including the condition that, upon his release from prison for the sexual battery count, Defendant must transfer to a CBCF. The court of appeals vacated the sentence on the domestic-violence count, concluding that the sentence was a split sentence not permitted by statute. The Supreme Court reversed the judgment of the court of appeals and reinstated the sentence imposed on the domestic-violence count except for the condition requiring Defendant’s placement in a CBCF upon his release from prison, which the Court vacated, holding (1) the trial court’s imposition of a CBCF term as a community-control sanction, to be served consecutively to a prison term imposed on a separate offense, was improper; but (2) the property remedy is to vacate only the improperly imposed residential sanction and leave the remaining conditions of the community-control sentence intact. View "State v. Paige" on Justia Law