MARK SCHIMPF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK SCHIMPF, APPELLANT,
STATE OF FLORIDA, APPELLEE
717 So. 2d 165
Florida District Court of Appeal, Fourth District (1998)
Caution
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant claimed in his motion to correct sentence that his total split sentence of four years of imprisonment followed by four years of probation for the third degree felony of grand theft exceeded the five year statutory maximum and was therefore illegal. See Davis v. State, 661 So. 2d 1193, 1196 (Fla. 1995). While the state agreed, the trial court mistakenly entered an order correcting a different sentence, which was ordered to run concurrently with the illegal sentence.
We remand the case for the trial court to resentence appellant in connection with Count I of case number 94-1044. The new sentence for that count shall not exceed five years.
WARNER, POLEN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lude Henderson v. Coral Springs Nissan, Inc., 757 So. 2d 577 (Fla. 4th DCA 2000)…use. As such, the trial court had no basis upon which to require the parties to arbitrate their dispute. This case is distinguishable from the fraudulent inducement cases upon which Coral Springs Nissan relies. See Berman v. Alamo Rent A Car, Inc., 717 So. 2d 165 (Fla. 4th DCA 1998); Passerrello v. Robert L. Lipton, Inc., 690 So. 2d 610 (Fla. 4th DCA 1997). In those cases, the contracts were valid on their face, whereas here, the contract no longer existed at the time the motion to compel arbitration was mad…
Authorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)