HERBERT C. HELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence imposed after a true split sentence cannot exceed the suspended portion of the original sentence.
Appellant violated community control after receiving a suspended sentence and being placed on community control. The trial court imposed a new sentenc…
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PER CURIAM.
Helton appeals from a sentence imposed after he was found guilty of violating community control. Appellant contends that the trial court erred in sentencing him to three-and-one-half years in prison with credit for time served because he has previously received a “true split sentence,” and the period of incarceration imposed exceeded that portion of the original sentence which was suspended. We agree. We vacate the sentence and remand for resentencing.
Appellant, who had been on 18 months’ probation for dealing in stolen property, violated his probation and was given a six-month suspended sentence and placed on community control for that violation (original sentence). On July 10, 1992, appellant entered a plea of no contest to allegations of violation of his community 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 Appellant’s community control was revoked, and the court imposed the challenged sentence.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, 531 So. 2d 161, 164 (Fla.1988).
BOOTH, SMITH and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995)…la.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sentence, enjoyed the benefit of release on community control, and did not complain until after the community control was revoked. The sentence…
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LEE v. State, 666 So. 2d 209 (Fla. 2d DCA 1995)…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 such a sentence is a true split sentence). In March 1993, Mr. Lee violated community control. At his sentencing hearing in August 1993, the trial court did not impose the 17-year sentence that it had previously sus…
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Toro v. State, 676 So. 2d 39 (Fla. 4th DCA 1996)…PER CURIAM. We affirm on the authority of Meader v. State, 665 So. 2d 344 (Fla. 4th DCA 1995), Helton v. State, 611 So. 2d 1323 (Fla. 1st DCA 1993), and Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). We acknowledge conflict with Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995). AFFIRMED. DELL, FARMER and GROSS, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Gerrard D. Jones v. State, 602 So. 2d 694 (Fla. 2d DCA 1992)
- Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992)