DENNIS DUSSAULT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed assessment of legal constraint points for offenses committed while on probation but reversed and remanded the fifteen-year probation sentence for third-degree grand theft, holding that probation cannot exceed the maximum statutory incarceration period of five years.
Probation cannot be extended beyond the maximum period of statutorily prescribed incarceration, which for a third-degree felony under Florida Statutes section 812.13(2)(c) is five years.
[1] Probation for a third-degree felony cannot exceed five years, the maximum statutory incarceration period under Florida Statutes section 812.13(2)(c), even when concurrent…
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Join FLexlaw to unlock all legal intelligenceDennis Dussault was sentenced to fifteen years' probation for third-degree grand theft in circuit court case number 90-1819, and the trial court asses…
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PETERSON, Judge.
Dennis Dussault raises two issues on appeal:
1. Whether the trial court properly assessed legal constraint points for each offense committed while on probation; and
2. Whether the trial court erred in imposing fifteen years’ probation for his third-degree grand theft felony in circuit court case number 90-1819.
We affirm on the first issue but certify the question certified in Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990):
DO FLORIDA’S UNIFORM SENTENCING GUIDELINES REQUIRE THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT?
We 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 probationary terms for several second-degree felonies. See Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988).
AFFIRMED in part; REVERSED in part; REMAND for correction of sentence.
W. SHARP, and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rivera v. State, 586 So. 2d 1060 (Fla. 1991)…(Fla. 5th DCA 1991), Patrick v. State, 576 So. 2d 935 (Fla. 5th DCA 1991), Davis v. State, 576 So. 2d 741 (Fla. 5th DCA 1991), Shiel v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), Gantt v. State, 576 So. 2d 932 (Fla. 5th DCA 1991), Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA 1991), Isom v. State, 578 So. 2d 431 (Fla. 5th DCA 1991), Kelly v. State, 578 So. 2d 47 (Fla. 5th DCA 1991), Ficichy v. State, 578 So. 2d 45 (Fla. 5th DCA 1991), and Adams v. State, 577 So. 2d 963 (Fla. 5th DCA 1991), in which the Fift…
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Bell v. State, 631 So. 2d 1140 (Fla. 5th DCA 1994)…to be corrected to show that it was for a first degree felony, rather than a life felony); Bray v. State, 586 So. 2d 1353 (Fla. 5th DCA 1991) (although it did not affect sentence, cause was remanded for correction of scoresheet); Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA), quashed on other grounds, 586 So. 2d 1060 (Fla.1991) (defendant was entitled to have record corrected to rectify erroneous imposition of fifteen years probation for third degree felony, for which the maximum period of incarceration w…
Authorities Cited
- Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)
- Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991)
- Maerkle v. State, 362 So. 2d 723 (Fla. 2d DCA 1978)
- Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978)
- Dubuis v. Sec. First Fed. Sav. & Loan Ass'n, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Smith v. State, 553 So. 2d 293 (Fla. 2d DCA 1989)
- Bono v. State, 553 So. 2d 293 (Fla. 1st DCA 1989)