WILFREDO GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILFREDO GONZALEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
546 So. 2d 786
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
A “split sentence” of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So. 2d 380 (Fla.1978). In modifying and extending the defendant’s probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error. Reversed and remanded for a correction of the sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cruz v. State, 674 So. 2d 802 (Fla. 3d DCA 1996)…ng one year.” § 775.082(4)(a), Fla.Stat. (1996). For a split sentence, “[t]he total sanction shall not exceed the term provided by general law or the guidelines recommended sentence _” Fla.R.Crim.P. 3.702(d)(19) [*803] (1996); see Gonzalez v. State, 546 So. 2d 786, 786 (Fla. 3d DCA 1989) (“A ‘split sentence’ of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged.”); State v. Holmes, 360 So. 2d 380 (Fla.1978). Since the charge of Indecent Exposure is a first-degre…
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Isidro Cordoves v. State, 574 So. 2d 1157 (Fla. 3d DCA 1991)…to be followed by five years of probation, the trial court imposed the functional equivalent of an eight-year sentence for an offense punishable by a maximum sentence of five years. See State v. Holmes, 360 So. 2d 380 (Fla.1978); Gonzalez v. State, 546 So. 2d 786 (Fla. 3d DCA 1989). Affirmed in part, reversed in part, and remanded.…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)