HERMAN ROSA-SANCHEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-05-15

No. 89-2539

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

561 So. 2d 25 Florida District Court of Appeal, Third District (1990) Positive Treatment

Cited by 4 cases

Topics

Statutory Maximum Sentence Probation Revocation Sentencing Guidelines

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Opinion of the Court

PER CURIAM.

Finding no merit in appellant’s contention that the trial court erred in revoking his probation for providing an incorrect address to a probation officer, providing false information to the community control office, and failing to report to his community control officer, McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988); Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985), we affirm the revocation of probation.

The state concedes that the trial court erred in sentencing defendant in excess of the statutory maximum. Where the guidelines sentence “exceeds the maximum sentence provided by statute for that offense, the statutory maximum sentence should be imposed.” Fla.R.Crim.P. 3.701(d)(10); Sears v. State, 539 So. 2d 1174 (Fla. 4th DCA 1989). Consequently, we remand for resentencing.

Probation revocation affirmed; remanded for resentencing.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Dixon v. State, 670 So. 2d 92 (Fla. 3d DCA 1996)

…d degree felony is subject to a maximum term of imprisonment of 15 years. Thus, appellant’s sentence of 17 years, while within the guidelines, im-permissibly “exceeds the maximum sentence provided by statute for that offense.” Rosa-Sanchez v. State, 561 So. 2d 25 (Fla. 3d DCA 1990). Remanded for resentencing.…
Omega Dupont and Raymond DuPont v. State, 571 So. 2d 125 (Fla. 3d DCA 1990)

…eters. Accordingly, we affirm appellants’ convictions. We affirm appellants’ sentences except we reverse Raymond Dupont’s sentence for carrying a concealed firearm and remand for resentencing within statutory parameters. See Rosa-Sanchez v. State, 561 So. 2d 25 (Fla. 3d DCA 1990); Sears v. State, 539 So. 2d 1174 (Fla. 4th DCA 1989); see also §§ 790.01, 775.082(3)(d), Fla.Stat. (1989).…

Authorities Cited

McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)
Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985)
Sears v. State, 539 So. 2d 1174 (Fla. 4th DCA 1989)

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