ROSEMARIE JAFRANCOIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Rosemarie Jafrancois appeals her conviction and sentence for child abuse. We affirm defendant’s conviction; however, we vacate her sentence. The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989), and sentenced defendant to 364 days in jail and five years on probation. The trial court erred in imposing the sentence: the jail term combined with the probationary period exceeds the five-year statutory maximum sentence for a third-degree felony. Howland v. State, 420 So. 2d 918 (Fla. 1st DCA 1982); § 775.082(3)(d), Fla.Stat. (1989). See Rodriguez v. State, 588 So. 2d 1031, 1032 (Fla. 3d DCA 1991). Accordingly, we remand the cause for resentencing.
Conviction affirmed; sentence vacated; cause remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jafrancois v. State, 636 So. 2d 720 (Fla. 3d DCA 1994)…felony child abuse, § 827.04(1), Fla.Stat. (1989), and sentenced defendant to 364 days in jail and five years on probation. Thereafter, this court affirmed the conviction but vacated her sentence and remanded for resentencing in Jafrancois v. State, 615 So. 2d 866 (Fla. 3d DCA 1993), holding the trial court had erred in imposing the sentence, as the jail term combined with the probationary period exceeded the five-year statutory maximum sentence for a third-degree felony. On remand, the judge reduced the fiv…
Authorities Cited
- Howland v. State, 420 So. 2d 918 (Fla. 1st DCA 1982)
- Rodriguez v. State, 588 So. 2d 1031 (Fla. 3d DCA 1991)