WALTER S. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant's conviction for burglary and grand theft was affirmed, but the fifteen-year probation sentence for grand theft was vacated as exceeding the statutory maximum of five years for a third-degree felony.
A probation sentence for a third-degree felony cannot exceed the maximum imprisonment term prescribed by statute.
[1] A probation sentence imposed for a felony offense cannot exceed the maximum term of imprisonment prescribed by statute for that offense.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceWilliams pleaded guilty to burglary of a dwelling and grand theft. He was sentenced to two years imprisonment for burglary and fifteen years probation…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Maximum Sentence cases and more on FLexlaw
SHARP, Judge.
After pleading guilty to one count of burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1979), and one count of grand theft in violation of section 812.014(2)(b)l, Florida Statutes (1979), appellant was adjudged guilty of both counts. He was required to pay the victim five thousand three hundred dollars ($5,300) in restitution for grand theft, and he was sentenced to two years imprisonment (with credit for time served in jail) for the burglary offense and to a consecutive term of fifteen years probation for the grand theft offense. Grand theft pursuant to section 812.014(2)(b) as charged in this case is a third degree felony for which the penalty may not exceed five years imprisonment. § 775.082(3)(d), Fla.Stat. (1979). Appellant argues, and the State agrees, it was error to impose a term of probation which exceeds the maximum sentence allowed by the criminal statute. Therefore we vacate the sentence of fifteen year probation for grand theft and remand this case to the trial court for appropriate resentencing. Twining v. State, 380 So. 2d 496 (Fla.2d DCA 1980); Peeples v. State, 376 So. 2d 287 (Fla.5th DCA 1979). Otherwise, the judgments and sentences are affirmed.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.
DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baldwin v. State, 558 So. 2d 173 (Fla. 5th DCA 1990)…awaiting trial. Section 775.082(4)(a), Florida Statutes (1987) provides that the maximum penalty for a first degree misdemeanor is imprisonment for 1 year. The term of probation cannot exceed the maximum penalty provided by law, Williams v. State, 402 So. 2d 537 (Fla. 5th DCA 1981), nor may the total penalty of probation and incarceration exceed the statutory maximum. See McCray v. State, 517 So. 2d 770 (Fla. 2d DCA 1988); Davis v. State, 384 So. 2d 53 (Fla. 2d DCA 1980). Accordingly, this cause is remanded…
-
Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988)…tion. Satin was sentenced to one year probation. Both sentences exceed the maximum sentence for a second-degree misdemeanor. Smith v. State, 484 So. 2d 581, 582 n. 1 (Fla.1986); McGraw v. State, 404 So. 2d 817 (Fla. 1st DCA 1981); Williams v. State, 402 So. 2d 537 (Fla. 5th DCA 1981); Corraliza v. State, 391 So. 2d 330 (Fla. 3d DCA 1980), rev. denied, 399 So. 2d 1141 (Fla.1981); §§ 775.082(4)(b), 948.04(1), Fla.Stat. (1983). We, therefore, vacate the sentences imposed. On remand we direct the trial court to c…
-
United States v. Gaskell, 134 F.3d 1039 (11th Cir. 1998)…obation cannot exceed one year. Fla.Stat.Ann. § 775.082(4)(a) (West 1992); Baldwin v. State, 558 So. 2d 173, 174 (Fla.Dist.Ct.App.1990) (the term of probation cannot exceed the maximum sentence allowed under the Florida Statutes); Williams v. State, 402 So. 2d 537 (Fla.Dist.Ct.App.1981) (same). The district court sentenced Diane to five years probation with certain special conditions. The court required that Diane participate in a mental health treatment program, disclose the nature of her conviction to her e…
Authorities Cited
- Twining v. State, 380 So. 2d 496 (Fla. 2d DCA 1980)
- Butler v. Butler, 376 So. 2d 287 (Fla. 5th DCA 1979)
- Peeples v. State, 376 So. 2d 287 (Fla. 5th DCA 1979)