CECIL RAY JONES, 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.
The court held that while probation revocation was proper, the sentences imposed exceeded the statutory maximum for the offenses.
Jones was convicted of burglary and grand theft, offenses punishable by a maximum of five years imprisonment. His probation was revoked, and he was se…
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 Felony Sentencing cases and more on FLexlaw
SCHEB, Judge.
In 1982 Cecil Ray Jones was charged with and convicted of burglary of a structure under section 810.02(1), Florida Statutes (1981) and grand theft under section 812.014, Florida Statutes (1981). Each offense is a third degree felony for which a defendant may be imprisoned for a maximum of five years. §§ 810.02(3), 812.-014(2)(b), and 775.082(3)(d), Fla.Stat. (1981).
The trial judge placed Jones on probation, explaining to him that if his probation was revoked he could be “sent to prison for the full five years.” In 1984 the court revoked Jones’ probation and sentenced him to ten years imprisonment on each offense, to run concurrently.
Jones first argues that the trial court erred in revoking his probation because the evidence was insufficient to show a violation of probation. Further, he contends his sentences are illegal because they exceed the statutory maximum.
We find no merit to his first argument but we agree that his sentences are improper. The maximum term of imprisonment for third degree felonies, as noted, is five years, which was explained to Jones when the court placed him on probation.
Accordingly, we affirm the revocation of Jones’ probation and his convictions. We vacate his sentences and remand to the trial court with directions to resentence him to concurrent five year terms of imprisonment.
RYDER, C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
ARCH v. State, 572 So. 2d 1017 (Fla. 2d DCA 1991)…. § 775.082(3)(d), Fla.Stat. (1987). Therefore, the combined sentences of prison and probation for each third-degree felony exceeded the statutory maximum and are illegal. [*1018] Baldwin v. State, 558 So. 2d 173 (Fla. 5th DCA 1990); Jones v. State, 474 So. 2d 911 (Fla. 2d DCA 1985). We reject the state’s argument that no harmful sentencing error has occurred because the appellant’s burglary convictions carry maximum fifteen-year sentences and, consequently, the appellant’s total time in jail will be measure…