WILLIAM SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence imposed upon revocation of probation cannot exceed the remaining balance of the original suspended split sentence.
William Sullivan pleaded nolo contendere to a felony and received a suspended split sentence. Upon revocation of probation, the trial court imposed a …
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PARKER, Judge.
William Sullivan appeals the sentence imposed upon a revocation of probation. We reverse because the sentence exceeds the balance remaining upon the split sentence originally imposed upon Sullivan.
Sullivan entered a plea of nolo contendere to a third-degree felony, and the trial court sentenced Sullivan to a true split sentence of three years’ imprisonment, with the entire sentence suspended with Sullivan placed on one year community control followed by two years’ probation. When Sullivan violated his community control, the trial court sentenced him to three years’ imprisonment followed by eighteen months’ probation.
When a true split sentence is imposed, the court cannot order new incarceration which exceeds the remaining balance of the suspended portion of the original sentence. Poore v. State, 531 So. 2d 161, 164 (Fla.1988). See also Silva v. State, 602 So. 2d 694 (Fla. 2d DCA 1992). Accordingly, the trial court erred by sentencing Sullivan to three years’ imprisonment followed by eighteen months’ probation because it exceeded the suspended portion of the original sentence which was three years.
We reverse and remand this case to the trial court to impose a new sentence in which the sentence to prison, community control, or probation, or any combination thereof, does not exceed three years.
BLUE, J., and LUTEN, CLAIRE K„ Associate Judge, concur.
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Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999)…carceration” following a revocation, the imposition of a true split sentence also precludes the trial court from placing a defendant on probation for a period of time that exceeds the un-served portion of a suspended sentence. See Sullivan v. State, 625 So. 2d 955 (Fla. 2d DCA 1993) (the total of incarceration, community control, and probation cannot exceed the original suspended sentence). In the present case, the trial court could not lawfully require the defendant to serve a new term of two years of felony…
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State v. Benjamin, 685 So. 2d 1335 (Fla. 2d DCA 1996)…o years of community control followed by three years of probation. In a true split sentence, upon a violation of probation, the trial court may not order new incarceration that exceeds the remaining balance of the suspended term. Sullivan v. State, 625 So. 2d 955 (Fla. 2d DCA 1993); Wallace v. State, 618 So. 2d 797 (Fla. 2d DCA 1993). Consequently, it was [*1337] error to give Benjamin a suspended sentence of ten years’ prison. On remand, Benjamin’s sentence may not exceed the five-year term previously suspe…
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Keri Szewczyk v. State, 16 So. 3d 270 (Fla. 2d DCA 2009)…. She correctly contends that the sentence was illegal because it exceeded the three-year suspended incarcerative component of the true split sentence that was originally imposed for an offense she committed on August 8, 2003. See Sullivan v. State, 625 So. 2d 955 (Fla. 2d DCA 1993); see also Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). The State properly concedes that Szewczyk’s sentence was illegal. Accordingly, we reverse and remand for re-sentencing. Reversed and remanded for resentenc-ing. WAL…
Authorities 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)