ROBERT VESTAL SUMNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANAHY, Acting Chief Judge.
The appellant was convicted of a life felony and sentenced to twenty-two years in prison followed by twenty-five years’ probation. The appellant claims that this sentence is improper under section 775.082(3)(a), Florida Statutes (1993). We agree. See Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993); Turner v. State, 623 So. 2d 1220 (Fla. 5th DCA 1993).
Accordingly, we reverse the appellant’s sentence and remand for resentencing. We point out to the trial court that it may achieve the same punishment goal by sentencing the appellant to life incarceration, suspended after serving twenty-two years’ incarceration, with the balance of the sentence thereafter to be served on probation.
Reversed for resentencing.
PATTERSON and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rayl Kellar v. State, 712 So. 2d 1133 (Fla. 1st DCA 1998)…, cannot exceed the statutory maximum of forty years. See Munro v. State, 662 So. 2d 1345 (Fla. 2d DCA 1995). [*1134] Herein, the total duration of each sentence is 45 years. As such, both sentences exceed the statutory maximum. See Sumner v. State, 658 So. 2d 111 (Fla. 2d DCA 1995)(re-versing life felony sentence of 22 years in prison followed by 25 years of probation). Accordingly, we reverse the sentences imposed on these two counts and remand for resentencing. We affirm, without discussion, the denial o…
Authorities Cited
- Wilson v. State, 622 So. 2d 529 (Fla. 2d DCA 1993)
- Turner v. State, 623 So. 2d 1220 (Fla. 5th DCA 1993)