LAWRENCE K. SCHERTZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant was originally placed on probation for a term of five years, the maximum period allowable for the offense involved. After finding that the appellant had violated the terms of his probation the trial court continued the appellant on probation but added an extra year to the term of probation. The extra year exceeded the maximum legal term by one year. Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977). Accordingly, the order of probation is reversed with directions that the provision for serving the extra year on probation be stricken. The order is in all other respects affirmed.
LETTS, C. J., and ANSTEAD and HERSEY, JJ., concur.
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Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994)…arly ruled that, where a trial court, after having adjudicated a defendant guilty for violating his probation, either extends or modifies the terms of probation instead of revoking probation, the statutory maximum must be observed. Schertz v. State, 387 So. 2d 477 (Fla. 4th DCA 1980). We find no cogent reason to draw a distinction between the situation where the trial court revokes probation and the situation where the trial court merely extends or modifies probation. As the second district has noted, to do s…
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Solomon Jackson v. State, 654 So. 2d 234 (Fla. 4th DCA 1995)…and probation, in addition to the time served on probation, exceeded the statutory five-year maximum sentence for unemployment compensation fraud, a third degree felony. Duchesne; Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992); Schertz v. State, 387 So. 2d 477 (Fla. 4th DCA 1980). “Upon revocation of probation, the time a probationer has already served on probation for a given offense must be credited toward any new [*236] term of probation imposed for that offense, when necessary to ensure that the total…
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Harlan Smith v. State, 463 So. 2d 494 (Fla. 2d DCA 1985)…6). If the court had modified this sentence by adding five years of probation to the original sentence, the total period of probation under the original order would have exceeded the maximum sentence and the court would have erred. Schertz v. State, 387 So. 2d 477 (Fla. 4th DCA 1980). The court did not modify its original order, however, but instead re [*495] voked appellant’s probation. Upon revoking probation, a court may impose any sentence it could have originally entered less any jail time previously ser…
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- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)