MICHAEL ANTONIO SMALLS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gonzalez v. State, 816 So. 2d 795 (Fla. 3d DCA 2002)
  …ginal 1991 sentences for those cases. We agree with Gonzalez that the 1995 sentences imposed upon violation of probation exceeded the statutory maximum of five years for each third degree felony. § 775.082(3), Fla. Stat. (1995); see Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994)(defendant’s period of incarceration plus probation may not exceed the five year maximum for a third degree felony). We find that Gonzalez was subject to probation revocation and resen-tencing on three separate probation revocation…
• Colin Folsom v. State, 654 So. 2d 128 (Fla. 1995)
  …[*129] SHAW, Judge. We have for review Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994), wherein the district court relied on Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), to uphold the constitutionality of Florida’s anti-stalking statute, section 784.048, Florida Statutes (1993). We have jurisdiction. Art. V…
• Augustyn v. State, 812 So. 2d 546 (Fla. 3d DCA 2002)
  …is correct (as the state appropriately concedes) that his sentence of 42 months imprisonment followed by 5 years probation for the third degree felony of forgery must be reversed where it exceeds the five year statutory maximum. See Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994) (defendant’s period of incarceration plus probation may not exceed the five year maximum for a third degree felony). Accordingly, we vacate the appellant’s sentence on this charge and remand for resen-tencing. Affirmed in part,…

Authorities Cited

• Knight v. State, 394 So. 2d 997 (Fla. 1981)
• Anderson v. State, 467 So. 2d 781 (Fla. 3d DCA 1985)