ROBERT LIVINGSTON LEE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Lee appeals an order that attempted to correct two illegal “split” sentences — of five years’ probation conditioned on two years’ incarceration — by imposing concurrent indeterminate sentences of two to five years. Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such cases to six months. Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977), cert. den., 354 So. 2d 979 (Fla.1977). Under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981), the corrected sentences are otherwise proper. Therefore, the sentences are AFFIRMED in part and REVERSED in part. The case is REMANDED for correction of the sentences by imposing a minimum term of six months. Appellant need not be present for correction of the sentences.
ROBERT P. SMITH, Jr., C. J., and McCORD and MILLS, JJ., concur.
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Pack v. State, 161 So. 3d 589 (Fla. 2d DCA 2014)…rt’s order that summarily denies relief on this claim. We remand for resentencing to an indeterminate term of imprisonment from six months to life. Pack need not be present. See Perry v. State, 347 So. 2d 1093, 1093 (Fla. 2d DCA 1977); Lee v. State, 404 So. 2d 860, 860 (Fla. 1st DCA 1981). The postconviction court’s order is affirmed in all other respects. Affirmed in part, reversed in part, and remanded. VILLANTI, CRENSHAW, and BLACK, JJ„ Concur.…
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Kantainis v. State, 441 So. 2d 1115 (Fla. 3d DCA 1983)…A 1978); Bates v. State, 102 So. 2d 826 (Fla. 2d DCA 1958). The indeterminate sentences of five to fifteen [*1116] years imposed on Counts I and II, conceded by the State to be invalid under Section 921.18, Florida Statutes (1981), see Lee v. State, 404 So. 2d 860 (Fla. 1st DCA 1981); Cox v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977), are reversed and the cause remanded to the trial court for the entry of indeterminate sentences of six months to fifteen years. Affirmed in part; reversed in part.…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Sammie Lee COX v. State, 344 So. 2d 1324 (Fla. 2d DCA 1977)