RICHARD WEIDNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The state concedes and we agree the trial court erred in imposing appellant’s probationary split sentence of two years’ imprisonment followed by fifteen years’ probation for the crime of aggravated battery. A trial court may impose a probationary split sentence for any length of time provided by law so long as the incarcerative portion does not exceed the guidelines, assuming no valid reason for departure exists. Franklin v. State, 545 So. 2d 851 (Fla.1989). However, the total sanction cannot exceed the maximum allowable sentence for the offense charged. Tyner v. State, 545 So. 2d 961 (Fla. 2d DCA 1989); Fla.R.Crim.P. 3.701(d) (1984 Committee Note). Here, although the incarcerative portion of the sentence was within appellant’s guideline range, the trial court erred in imposing a total sanction of seventeen years which exceeded the fifteen-year maximum provided by statute. We affirm the conviction but reverse and remand for re-sentencing consistent with this opinion.
DOWNEY, WALDEN and POLEN, JJ., concur.
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Regueiro v. State, 619 So. 2d 463 (Fla. 4th DCA 1993)…guidelines maximum; in contrast, the total sentence (incarceration and probation) may not exceed the statutory maximum. McCray v. State, 599 So. 2d 281 (Fla. 3d DCA 1992); Mitchell v. State, 573 So. 2d 446, 447 (Fla. 2d DCA 1991); Weidner v. State, 559 So. 2d 705 (Fla. 4th DCA 1990); Reid v. State, 565 So. 2d 415 (Fla. 4th DCA 1990); Saint v. State, 562 So. 2d 866 (Fla.3d DCA 1990); Tyner v. State, 545 So. 2d 961, 963 (Fla.2d DCA 1989); Putt v. State, 527 So. 2d 914 (Fla. 3d DCA 1988). In the instant case,…
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Maynard v. State, 763 So. 2d 480 (Fla. 4th DCA 2000)…a defendant’s combined sentence of imprisonment and probation for a singular offense exceeds the maximum sentence authorized by law, the trial court imposed separate sentences. Cf [*482] State v. Holmes, 360 So. 2d 380 (Fla.1978); Weidner v. State, 559 So. 2d 705 (Fla. 4th DCA 1990); Ortiz v. State, 696 So. 2d 916 (Fla. 5th DCA 1997). The trial court did not impose a probationary split sentence1 for any one offense. Rather, it imposed a sentence for each offense notwithstanding that the offenses are combined…
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Chambers v. State, 975 So. 2d 444 (Fla. 2d DCA 2007)…n below) aggravated battery might have harmed Mr. Chambers’ chances for a lesser sentence, we find no ineffective assistance of trial or appellate counsel in this regard. See, e.g., Gettel v. State, 449 So. 2d 413 (Fla. 2d DCA 1984); Ramos v. State, 559 So. 2d 705 (Fla. 4th DCA 1990). Petition alleging ineffective assistance of appellate counsel denied. NORTHCUTT and CASANUEVA, JJ., Concur. Appendix A EXCERPT OF VERDICT FORM COUNT ONE (Marcia Radway, victim) We the jury, find the defendant, Patrick Cham…
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- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Tyner v. State, 545 So. 2d 961 (Fla. 2d DCA 1989)