RICHARD EDWARD KLINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Richard Edward Kline appeals the trial court’s denial of his motion filed under Rule 3.800, Florida Rules of Criminal Procedure, challenging as illegal Kline’s probationary split sentences imposed following four convictions for lewd and lascivious assault on a minor. We agree that the sentences are illegal and reverse.
Lewd and lascivious assault on a minor is a second degree felony. § 800.04, Fla.Stat. (1989). The maximum sentence authorized by statute is fifteen years in prison. § 775.082(3)(c), Fla.Stat. (1989). Kline entered pleas of nolo con tendere in all four cases, and was sentenced, concurrently in each case and in keeping with a plea agreement, to ten years’ incarceration followed by ten years on probation. Where a trial court imposes a probationary split sentence, the incarcerative portion of the sentence plus the probationary portion of the sentence may not exceed the maximum term of imprisonment which may be imposed as punishment for the crime. Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1992); Walker v. State, 604 So. 2d 913, 914 (Fla. 1st DCA 1992).
Accordingly, we reverse Kline’s sentences and remand for resentencing.
JOANOS, WOLF and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Eubanks v. State, 662 So. 2d 1360 (Fla. 3d DCA 1995)…sentence exceeds the five-year maximum provided by section 775.082(3)(d), Florida Statutes, this cause must be reversed and remanded for resentencing. E.g., Fla.R.Crim.P. 3.701(d)(10); State v. Holmes, 360 So. 2d 380, 383 (Fla.1978); Kline v. State, 642 So. 2d 1146 (Fla. 1st DCA 1994); Milbry v. State, 469 So. 2d 137 (Fla. 3d DCA 1984), opinion adopted, 476 So. 2d 1281, 1282 (Fla.1985); see also Fla.R.Crim.P. 3.701(d)(12) Commission Notes (1988) (“The total sanction (incarceration and probation) shall not exce…
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Hansen v. State, 666 So. 2d 1052 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Minnis v. State, 505 So. 2d 17 (Fla. 3d DCA 1987); see Kline v. State, 642 So. 2d 1146 (Fla. 1st DCA 1994).…
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Benny Lee Bloodworth v. State, 719 So. 2d 383 (Fla. 1st DCA 1998)…tence of sixty-five months, to be followed by a ten-year period of probation. The total period of incarceration and probation exceeds the maximum permissible term of incarceration which may be imposed as punishment for the crime. See Kline v. State, 642 So. 2d 1146, 1147 (Fla. 1st DCA 1994). Accordingly, the sentence imposed for lewd and lascivious act in the presence of a child is reversed and remanded with directions to impose a sentence which does not exceed the statutory maximum for a second degree felon…
Authorities Cited
- Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)
- Walker v. State, 604 So. 2d 913 (Fla. 1st DCA 1992)