JOHN LEE TOWNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the maximum sentence for a probation violation is the remaining balance of the original probationary period when a true split sentence was imposed.
Appellant pleaded nolo contendere to accessory after the fact and strong-arm robbery, receiving a split sentence. He later violated probation after be…
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GRIFFIN, Judge.
In 1989 appellant entered a plea of nolo contendere to charges of accessory after the fact to second degree murder and strong-arm robbery. He was adjudicated guilty of the robbery, but adjudication was withheld on the accessory charge. On the strong-arm robbery charge he was given a true split sentence of fifteen years, consisting of seven years imprisonment with the balance to be served on probation. On the accessory charge adjudication was withheld and appellant was placed on probation for five years consecutive to the sentence for the strong-arm robbery.
After release from incarceration, while appellant was on probation for the robbery, he was charged with burglary. Appellant pled nolo contendere to the burglary charge and admitted the violation of probation. Appellant was sentenced to five years incarceration on the accessory charge and nine years incarceration on the strong-arm robbery charge. On the new burglary, appellant was sentenced to four years.
This appeal concerns only the propriety of these sentences. We find no error except in the nine year sentence on the robbery charge. Having received a true split sentence, the maximum sentence available upon violation of probation was the balance of the probationary period. Poore v. State, 531 So. 2d 161 (Fla.1988).
We vacate the sentence for robbery (Case No. 87-6736) and remand for resentencing; otherwise the judgment and sentences are affirmed.
AFFIRMED in part; SENTENCE VACATED in part; REMANDED.
COBB and HARRIS, JJ., concur.
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Biller v. State, 618 So. 2d 734 (Fla. 1993)…GRIMES, Justice. We review Biller v. State, 604 So. 2d 16 (Fla. 4th DCA 1992), because of its conflict with Stonebraker v. State, 594 So. 2d 351 (Fla. 2d DCA 1992), Wilkinson v. State, 388 So. 2d 1322 (Fla. 5th DCA 1980), and Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. Biller was convicted of c…
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Biller v. State, 604 So. 2d 16 (Fla. 4th DCA 1992)…tion of probation that appellant not use or possess alcoholic beverages. The validity of this condition is the sole issue on appeal. The appellant contends that the condition is not reasonably related to these circumstances. In Stonebraker v. State, 594 So. 2d 351 (Fla. 2d DCA 1992), the court struck a similar condition as being unrelated to the crime of grand theft. See also Cole v. State, 521 So. 2d 297 (Fla. 1st DCA 1988). However, notwithstanding that nothing in the record before us specifically relates…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)