HAROLD COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Harold Cooper pled guilty to battery on a law enforcement officer and received multiple consecutive community control sentences totaling more than two years. The court reversed because Florida law limits community control to a maximum of two years per offense, making the cumulative sentence illegal.
The court held that consecutive community control sentences cannot exceed two years total per offense under Florida Statute § 948.01(5), and therefore Cooper's cumulative sentence was illegal.
Cooper pled guilty to battery on a law enforcement officer, a third degree felony. He was initially sentenced to eighteen months of community control.…
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HARRIS, Judge.
Harold W. Cooper pled guilty to battery on a law enforcement officer, a third degree felony. He was originally sentenced to eighteen months of community control (“first sentence”). Upon violation, he was resentenced to twenty-four months of community control (“second sentence”) and upon further violation, he was resentenced to twenty-four months of community control. Cooper was not given credit against his current sentence of community control for the previous time spent in that capacity under the prior sentences. Cooper appeals, we reverse.
As we held in Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992):
The defendant was initially placed on two years of community control. After violation of community control three months later, the defendant was again placed on two years of community control and, as a special condition of community control, was required to serve 240 days in county jail. Two years is the maximum period of community control available for any one offense. § 948.01(5), Fla.Stat. (1989).' Because the total term of community control imposed exceeds two years, the sentence is illegal.
Id. (footnote omitted).
REVERSED and REMANDED.
DAUKSCH and GOSHORN, JJ., concur.
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Bebout v. State, 904 So. 2d 613 (Fla. 4th DCA 2005)…e time served on community control. Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence. Appellant cites to cases such as McGehee v. State, 688 So. 2d 1008 (Fla. 1st DCA 1997), Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996), and Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even after a revocation of probation, a trial court may not sentence a defendant to more than two years of community control, ta…
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Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998)…re a defendant who was originally sentenced to two years community control violates that community control, upon resentencing a new sentence of two years is illegal.” Mills v. State, 623 So. 2d 840, 841 n. 3 (Fla. 5th DCA 1993); see Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996) (holding that defendant who was originally sentenced to 18 months of community control, and upon violation was resenteneed to 24 months of community control, could not upon further violation be resenteneed to additional 24 months…
Authorities Cited
- Elbert Bernard Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992)