RONALD JOSEPH MAYNARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD JOSEPH MAYNARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 449
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
W. SHARP, Judge.
Maynard appeals his sentence imposed after he pled guilty to second degree murder.1 The trial judge sentenced him to 22 years in prison, provided that if he is released early, he must serve the balance of the 22 years on probation. “Probation will commence upon release from prison in this case. To terminate 5-24-2011.”
This type of sentence is illegal because the term of probation is not definite and certain. Heuring v. State, 559 So. 2d 207 (Fla.1990); Fisher v. State, 559 So. 2d 362 (Fla. 5th DCA 1990). Accordingly we quash the sentence and remand for resentencing.
Sentence QUASHED; REMANDED.
GOSHORN and HARRIS, JJ., concur. . § 782.04(3), Fla.Stat. (1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Randolph v. State, 626 So. 2d 1006 (Fla. 2d DCA 1993)…sa v. State, 592 So. 2d 769 (Fla. 5th DCA 1992); § 948.03(5), Fla.Stat. (1991). Furthermore, ordering that the “balance of the term” be served on probation was illegal because the term of probation was not definite and certain. See Maynard v. State, 561 So. 2d 449 (Fla. 5th DCA 1990). In departing from the guidelines, the trial judge gave as his departure reason an abuse of a position of familial authority. This is not a valid reason for departure in a child molestation case because “any act of child molesta…
Authorities Cited
- Heuring v. State, 559 So. 2d 207 (Fla. 1990)
- Fisher v. State, 559 So. 2d 362 (Fla. 5th DCA 1990)