EDWARD SILVA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Judge.
Edward Silva appeals his sentences that the trial court imposed after revocation of his probations in case no. 89-15481 for sexual battery and in case no. 84-34 for burglary. Silva contends his probations should not have been revoked. After re viewing the record, we conclude this contention is without merit.
Silva, however, correctly argues the trial court erred in sentencing him to ten years imprisonment followed by five years probation after revocation of probation in case no. 89-15481. The court had originally sentenced Silva to a “true split sentence”. The original sentence consisted of ten years imprisonment with the entire confinement period suspended and Silva placed on ten years probation. Because this is a “true split” sentence, the maximum penalty is ten years. The sentence of fifteen years combined probation and incarceration exceeds that penalty and is illegal. Poore v. State, 531 So. 2d 161 (Fla.1988). Upon remand the trial court may vacate the probation or combine a period of probation with a period of incarceration which does not exceed the ten year sentence originally imposed.
We reverse and remand for resentencing.
LEHAN, C.J., and RYDER, J., concur.
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Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995)…sentence, as described in Poore v. State, 531 So. 2d 161 (Fla.1988). However, this sentence appears to us to be an illegal, conditional suspended and alternative sentence. See Bryant v. State, 591 So. 2d 1102 (Fla. 5th DCA 1992). Cf. Silva v. State, 602 So. 2d 694 [*387] (Fla. 2d DCA 1992); Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993). Although the second sentence may have been illegal, Warrington agreed to this second sentence, enjoyed the benefit of release on community control, and did not complain…
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LEE v. State, 666 So. 2d 209 (Fla. 2d DCA 1995)…t, in January 1993, he was sentenced to 17 years’ imprisonment; however, the entire sentence was suspended, and Mr. Lee was placed on community control. We note that this court has authorized such a sentence as a true split sentence. Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). The Fifth District has held that such a sentence is an illegal, conditional suspended sentence. Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995). But see Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993) (finding that s…
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Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993)…munity control. Appellant’s community control was revoked, and the court imposed the challenged sentence. The original sentence imposed constituted a “true split sentence” even though the entire period of confinement was suspended. Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). Where a “true split sentence” has been imposed, “the sentencing judge in no instance may order a new incarceration that exceeds the remaining balance of the withheld or suspended portion of the original sentence.” Poore v. State,…
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- Poore v. State, 531 So. 2d 161 (Fla. 1988)