THEODORE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-04-07
No. 94-2518
PETERSON and THOMPSON, JJ., concur.
652 So. 2d 518 Florida District Court of Appeal, Fifth District (1995) Caution
Cited by 3 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

In his appeal from the denial of his 3.800 Florida Rules of Criminal Procedure, appellant claims he was sentenced illegally. The State confesses error. Appellant received a sentence for a term of years to be followed by life probation in a life felony case. The maximum total of imprisonment plus probation cannot exceed forty years. Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993). The sentence is vacated and this case remanded for resentencing.

Sentence vacated, remanded for resentencing.

PETERSON and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)
    …example, in Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993), this court held that a term of fifteen years incarceration followed by a term of life probation exceeded the statutory maximum of forty years for a life felony. See also White v. State, 652 So. 2d 518 (Fla. 5th DCA 1995); Turner v. State, 623 So. 2d 1220 (Fla. 5th DCA 1993). The defendant’s reliance is misplaced however, because these cases are factually distinguishable. In this regard, the eases cited above involved “life felonies” punishable un…
  • Gentry v. State, 659 So. 2d 490 (Fla. 5th DCA 1995)
    …ts finding that the offenses were separate and distinct and the evidence involved different times and places. This court affirmed on the basis that a Rule 3.800(a) proceeding was not the proper remedy in which to raise a Hale claim. Gentry v. State, 652 So. 2d 518 (Fla. 5th DCA 1995). The affirmance was without prejudice to Gentry filing a proper Rule 3.850 motion.…
  • Basil Alan Munro v. State, 662 So. 2d 1345 (Fla. 2d DCA 1995)
    …unro could have been sentenced to a term of imprisonment not to exceed life, suspended after a specified term of years, followed by a probationary period of up to life. See, e.g., Stephens v. State, 627 So. 2d 543 (Fla. 2d DCA 1993); White v. State, 652 So. 2d 518 (Fla. 5th DCA 1995); Dyer v. State, 629 So. 2d 285 (Fla. 5th DCA 1993). The sentence, as written, imposes an impermissible term of years followed by life probation. In order to carry out the intent of the negotiated plea, the court must impose a s…

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