DOUGLAS GORDON ATKINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the ten-year sentence for conspiracy to commit armed burglary was improper because it exceeded the statutory limit in effect at the time of sentencing, and costs were improperly assessed without notice. The court affirmed other convictions.
Appellant was convicted of several crimes and sentenced. The sentence for conspiracy to commit armed burglary exceeded the statutory maximum, and cost…
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SCHOONOVER, Judge.
The appellant, Douglas Gordan Atkinson, has appealed from convictions for solicitation of theft, conspiracy to commit armed burglary, and armed burglary. We agree with his contention that the ten year , sentence imposed for conspiracy to commit armed burglary was improper. The appellant was sentenced on June 30, 1983. At that time, conspiracy to commit a burglary of any degree constituted a third degree felony punishable by a term of imprisonment not exceeding five years. §§ 777.04(4)(e), 810.02(2), 775.-082(3)(d), Fla. Stat. (1981); Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982); Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980); Williams v. State, 386 So. 2d 631 (Fla. 2d DCA 1980); McQuay v. State, 368 So. 2d 908 (Fla. 1st DCA 1979). Although section 777.04(4)(c), Florida Statutes (1983), was amended in 1983, said amendment did not go into effect until October 1, 1983. We must therefore vacate the sentence for conspiracy to commit armed burglary and remand for proper sentencing.
Additionally, the trial court adjudged the appellant insolvent. Thereafter, the court assessed costs against appellant in the amount of $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund), and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund). Appellant was not given adequate notice of, nor afforded an opportunity to object to, this assessment. Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, we hereby strike these costs. This decision is without prejudice to the trial court assessing costs against the appellant in accordance with Jenkins.
We find no merit in appellant’s other contentions and accordingly affirm in all other respects.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.
BOARDMAN, A.C.J., and SCHEB, J., concur.
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Smith v. State, 584 So. 2d 154 (Fla. 2d DCA 1991)…te, 382 So. 2d 407 (Fla. 4th DCA 1980). However, the two grand theft counts are third degree felonies, section 812.014, Florida Statutes (1987), as amended by Supp. (1988), which have a maximum penalty of five years’ imprisonment. Atkinson v. State, 457 So. 2d 1063 (Fla. 2d DCA 1984). The law is clear that when a defendant is sentenced to a split sentence consisting of incarceration and probation, as provided by statute, the combined sanction cannot exceed the maximum period of incarceration provided by law.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
- Flenoil Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980)
- McQUAY v. State, 368 So. 2d 908 (Fla. 1st DCA 1979)
- Williams v. State, 386 So. 2d 631 (Fla. 2d DCA 1980)