JOHNNIE NEVILLE SERVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in extending probation beyond the statutory maximum for the felony offense.
Appellant was sentenced to five years' probation for grand theft and ordered to pay restitution. His probation was revoked for non-payment of restitut…
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PER CURIAM.
Johnnie Neville Servís appeals the order revoking his probation and his sentence extending his original five-year probationary term for an additional three years. Although we affirm the order revoking probation, we vacate the sentence.
In late 1985, appellant pleaded nolo con-tendere to second degree grand theft and was sentenced to five years’ probation. Thereafter, he was ordered to pay restitution in the amount of $55,523.00 to Mobil Oil Corporation. His probation officer filed an affidavit of probation violation before the five years had expired, alleging that $55,018.00 for restitution was due and owing. After the revocation hearing, the court revoked his probation and extended the probationary term for an additional three years, ordering appellant to pay the remaining $55,018.00.
The maximum probation that can be imposed for a third degree felony is five years. Thus, the trial court could not legally extend probation beyond that period. See Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976). Accordingly, the sentence on the probation revocation is vacated with instructions to reinstate the original order of probation.
FRANK, A.C.J., and HALL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992)…ted his probation and, on August 13, 1991, the court imposed two years community control followed by two years probation on the grand theft conviction. This illegally extended appellant’s probation by two hundred and seven days. See Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991). Appellant also argues that the court erred by imposing certain special conditions of probation without orally announcing them. He objects to other conditions as being vague or improper. However, appellant failed to either objec…
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Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993)…ef count a consecutive term of five years’ probation. He violated his community control, and, as we have said, was sentenced to concurrent sentences of four years’ prison followed by one year probation. Williams contends that under Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991), the trial court illegally extended his sentence in Case No. 91-176 beyond the statutory maximum of five years for third-degree felonies. See also Summers v. State, 625 So. 2d 876 (Fla. 2d DCA 1993) (en banc). He claims that since…
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Davis v. State, 604 So. 2d 844 (Fla. 2d DCA 1992)…y own or possess a firearm). Third, we remand for the trial court to determine, and strike from defendant’s extended probationary period for his grand theft conviction, any amount of probation in excess of the statutory maximum. See Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991). Remanded for resentencing in accordance with this opinion. Otherwise affirmed. LEHAN, C.J., and RYDER and PATTERSON, JJ., concur.…
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- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)