DIANE LYNN MECKEL, 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 probationary terms for misdemeanor convictions cannot exceed the maximum statutory sentence for those offenses.
Diane Lynn Meckel was convicted of possession of cocaine, drug paraphernalia, and an open container, and sentenced to three years concurrent probation…
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.
GOSHORN, Judge.
Diane Lynn Meckel appeals her convictions for possession of cocaine, possession of drug paraphernalia and possession of an open container (of alcohol) after entering a plea of no contest and reserving the right to appeal the denial of her motion to suppress. While we find no merit to Meckel’s claim that she was unlawfully detained, nor to her objection to the imposition of costs without notice,1 there is one aspect of Meckel’s sentence which requires remand.
Meckel was placed on three years’ concurrent probation for each of the three charges. Two of the charges, possession of drug paraphernalia and possession of an open container, are misdemeanors,2 and thus punishable by terms of imprisonment not to exceed one year. § 775.082(4)(a), Fla.Stat. (1987). A probationary term may not exceed the maximum sentence prescribed for the offense, unless expressly provided by law. Johnson v. State, 519 So. 2d 724 (Fla. 2d DCA 1988); Green v. State, 392 So. 2d 333 (Fla. 2d DCA 1981). Because the probationary terms imposed for the misdemeanor convictions exceed one year, the sentences are illegal and require correction.
REMANDED for correction of sentence.
DANIEL, C.J., and COBB, J., concur. . Her objection is without merit because the imposition of costs was a part of her plea agreement.
. Possession of drug paraphernalia in violation of section 893.147, Florida Statutes (1987) is designated a misdemeanor of the first degree. Possession of an open container of alcohol is a violation of Ocala City Ordinance 3-6 and is also designated as a misdemeanor.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mac Green v. State, 392 So. 2d 333 (Fla. 2d DCA 1981)
- Soto-Vaaos v. State, 519 So. 2d 724 (Fla. 5th DCA 1988)
- Hartley v. State, 519 So. 2d 724 (Fla. 1st DCA 1988)