CLAYTON WILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Clayton Wiley pled nolo contendere to a charge of burglary of a structure, a third degree felony pursuant to section 812.02, Florida Statutes. He was placed on probation for a period of five years. Prior to the termination of the probation, however, Wiley admitted violating its terms. He was thereupon sentenced to four years incarceration to be followed by three years and ten months of probation. In this proceeding he argues this sentence is illegal as a split sentence cannot exceed the maximum period of incarceration for the offense. See State v. Holmes, 360 So. 2d 380 (Fla.1978); Weiner v. State, 562 So. 2d 392 (Fla. 5th DCA 1990); Blackburn v. State, 468 So. 2d 517 (Fla. 1st DCA 1985). In the instant case the maximum period of incarceration is five years.
The appellee has filed a motion to relinquish jurisdiction for resentencing, agreeing with appellant that he is entitled to the relief he seeks. We choose to treat this motion as a confession of error and reverse and remand this cause for imposition of a legal sentence. <
REVERSED.
SHIVERS, C.J., and ERVIN and BARFIELD, JJ., concur.
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Crews v. Emmett Crews, 629 So. 2d 1094 (Fla. 5th DCA 1994)…uly 21, 1993 Order on Former Wife’s Motion to Compel and Former Husband’s Objection to Request to Enter Premises.” We treat appellee’s brief as a confession of error. See Lambrix v. Dugger, 586 So. 2d 1071 (Fla. 1st DCA 1991) (citing Wiley v. State, 578 So. 2d 903 (Fla. 1st DCA 1991)); Boggs v. Farm Credit Bank of Columbia, 545 So. 2d 516 (Fla. 3d DCA 1989). The appellant seeks appellate attorney’s fees and costs pursuant to a marital settlement agreement incorporated into a final judgment of dissolution of…
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Springs v. State, 579 So. 2d 915 (Fla. 1st DCA 1991)…contested motion for remand, showing that the sentencing guidelines scoresheet includes a juvenile offense which is improper under Morgan v. State, 520 So. 2d 105 (Fla. 2d DCA 1988). We treat this as a confession of error pursuant to Wiley v. State, 578 So. 2d 903 (Fla. 1st DCA 1991), and reverse and remand for resentencing with a corrected scoresheet. REVERSED and REMANDED. SHIVERS, C.J., and WIGGINTON and NIMMONS, JJ., concur.…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Dubose v. State, 468 So. 2d 517 (Fla. 1st DCA 1985)
- Weiner v. State, 562 So. 2d 392 (Fla. 5th DCA 1990)