JASON SZUBA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court lacks the authority to impose new incarceration exceeding the remaining balance of a defendant's suspended sentence.
The defendant received a true split sentence with a suspended prison term, followed by community control and probation. Upon violation of probation, t…
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PER CURIAM.
The defendant, Jason Szuba, appeals the fifty-three month prison sentence imposed upon his violation of probation. We reverse and remand for resentencing.
The trial court originally imposed a true split sentence upon the defendant by imposing a three-year prison sentence and then suspending it and replacing it with a two-year term of community control, followed by a four-year term of probation. See generally State v. Powell, 703 So. 2d 444, 445-46 (Fla. 1997) (denominating such a sentence as a “true split sentence”). As the defendant correctly argued below, the trial court was without authority to order new incarceration that exceeded the remaining balance of the defendant’s suspended sentence. See Poore v. State, 531 So. 2d 161, 164 (Fla.1988).
Accordingly, we reverse and remand for the defendant to be resenteneed to a period not to exceed the three-year suspended portion of the original sentence. The defendant should be awarded credit for any time served.
Reversed and remanded.
BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.
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Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999)…” The class of true split sentences has now been expanded to include sentences in which the entire in-carcerative term is suspended, see Powell, and sentences in which the probationary term is longer than the suspended jail term. See Szuba v. State, 712 So. 2d 839 (Fla. 2d DCA 1998). Although the opinion in Poore refers to the limits on a new term of “incarceration” following a revocation, the imposition of a true split sentence also precludes the trial court from placing a defendant on probation for a perio…
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Williams v. State, 747 So. 2d 989 (Fla. 5th DCA 1999)…ant’s original sentence was longer than the suspended portion of his incarceration, we interpret this original sentence to be, as urged by appellant, a true split sentence. Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). See also Szuba v. State, 712 So. 2d 839 (Fla. 2d DCA 1998); State v. Powell, 703 So. 2d 444, 445 (Fla.1997) (“Given the different purposes of incarceration and probation, it is not obvious why the length of probation in a true split sentence must always equal the suspended portion of the…
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Regions Bank v. Sarwat M. GAD, 102 So. 3d 666 (Fla. 1st DCA 2012)…cause the portion of the order directing Appellant to pay Appellee’s attorney’s fees pursuant to section 57.105 contains no findings of fact to support the award, we are constrained to reverse this portion of the order. See, e.g., Daniels v. Reeves, 712 So. 2d 839, 840 (Fla. 1st DCA 1998) (reversing the award of section 57.105 attorney’s fees “because the order awarding fees contained] no findings of fact .... ”); Glisson v. Jacksonville Transp. Auth., 705 So. 2d 186, 187 (Fla. 1st DCA 1998); Mahaney v. Sumte…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- State v. Powell, 703 So. 2d 444 (Fla. 1997)