JAMES LEWIS JOHNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Judge.
The appellant challenges his judgment and sentence for aggravated battery entered upon revocation of his probation. We find merit only in the appellant’s argument that the trial court erred in sentencing him to four and one-half years in prison to be followed by eleven and one-half years’ probation, since the combined sentence exceeds the statutory maximum of fifteen years for a second-degree felony. § 775.082(3)(c), Fla.Stat. (1989); Coleman v. State, 496 So. 2d 896 (Fla. 2d DCA 1986).
Accordingly, we remand this case to the trial court for the correction of the appellant’s sentence to reflect a reduction of the term of probation to ten and one-half years. The appellant need not be present for the correction of the sentence.
Reversed and remanded.
FRANK, A.C.J., and HALL, J., concur.
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Howard v. State, 697 So. 2d 1249 (Fla. 2d DCA 1997)…. McDaniels v. State, 679 So. 2d 840 (Fla. 2d DCA 1996). The judgment and sentences are affirmed. This ease is remanded with directions to strike the above-referenced special conditions from the written probation order. Pursuant to Johns v. State, 582 So. 2d 171 (Fla. 2d DCA 1991), Howard need not be present for the striking of these conditions. PARKER, C.J., and FULMER and NORTHCUTT, JJ., concur.…
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Fraser v. State, 602 So. 2d 1299 (Fla. 1992)…BARKETT, Chief Justice. We review State v. Fraser, 582 So. 2d 171, 172 (Fla. 2d DCA 1991), in which the district court certified two questions of great public importance.1 While on probation for unrelated offenses, Fraser pled guilty to unarmed robbery and auto theft. The court imposed concurrent sentences of fiv…
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Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)…1262 (Fla. 2d DCA 1990). In a subsequent appeal, we held that the trial court could not provide written reasons for a downward departure at Fraser’s sentencing on remand, but was required to sentence Fraser to a guidelines sentence. State v. Fraser, 582 So. 2d 171 (Fla. 2d DCA 1991). Because it seemed unfair to imprison Fraser merely as a result of a paperwork error by the trial judge, we certified two questions to the supreme court. One of those questions asked whether a trial court “can” give credit for tim…
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- Coleman v. State, 496 So. 2d 896 (Fla. 2d DCA 1986)