STEVEN M. BONO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is before us on appeal from an order of modification of probation. Appellant was found guilty of grand theft of more than $100 and less than $20,000, a third-degree felony punishable by up to five years. He was placed on probation for three years and ordered to pay restitution. His probation was modified by extending the probation an additional two years with continued payment of restitution. Appellant subsequently was injured and unable to pay restitution. The trial court found appellant did not violate his probation during the two years of his injury based on his inability to pay; however, his probation was extended an additional two years.
Appellant argues, and the State concedes, that the extension of his probation for an additional two years beyond the maximum penalty was improper, based on Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978), holding that the maximum period of probation is the maximum period of incarceration for the offense. We agree.
Accordingly, the trial court’s order of modification of probation dated June 16, 1989, is reversed.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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Arnett v. State, 598 So. 2d 235 (Fla. 1st DCA 1992)…1st DCA 1990). Similarly, it is well settled that the total of the incarcerative and probationary portions of a split sentence may not exceed the term provided by general law. Roache v. State, 547 So. 2d 706, 707 (Fla. 1st DCA 1989); Bono v. State, 553 So. 2d 293, 294 (Fla. 1st DCA 1989). Burglary of a conveyance is a third degree felony, see § 810.-02(3), Fla.Stat.(1989), for which the maximum penalty is five years. See § 775.-082(3)(d), Fla.Stat.(1989). Therefore, appellant’s five-year concurrent sentences…
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Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA 1991)…reverse and remand on the second issue. Probation cannot be extended beyond the maximum period of statutorily prescribed incarceration, which, under section 812.13(2)(c), Florida Statutes, is five years for a third-degree felony. See Bono v. State, 553 So. 2d 293 (Fla. 1st DCA 1989); Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978); see also Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). Dussault is entitled to have the record corrected notwithstanding the imposition of concurrent fifteen-year proba…
Authorities Cited
- Maerkle v. State, 362 So. 2d 723 (Fla. 2d DCA 1978)
- Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978)