JAMES ALLEN PLEJDRUP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court is limited to resentencing a defendant to a period of incarceration not exceeding the remainder of the original suspended sentence upon revocation of probation.
The defendant was initially sentenced to six months imprisonment, suspended on probation. After violating probation, the trial court resentenced him t…
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PER CURIAM.
James Plejdrup appeals his sentence arguing that the trial court erred in imposing a sentence which was greater than the suspended portion of his original sentence. We agree and therefore reverse.
The trial court initially sentenced Mr. Plejdrup to a term of six months’ impris onment, but the court suspended the sentence on the condition that Mr. Plejdrup successfully complete two years of probation. Soon thereafter, Mr. Plejdrup was adjudicated guilty of violating the terms of his probation and he was re-sentenced to a term of twenty-four months’ imprisonment.
The trial court’s initial sentencing structure constituted a true split sentence. See Poore v. State, 531 So. 2d 161 (Fla.1988). As a result, upon revocation of his probation, the trial court was limited to resentencing Mr. Plejdrup to a period of incarceration which did not exceed either the guidelines recommendation of a nonstate prison sentence or the remainder of the original six-month suspended sentence, less any credit for time spent in jail awaiting the violation of probation hearing, whichever was less. See Poore; Williams v. State, 747 So. 2d 989 (Fla. 5th DCA 1999). Accordingly, the trial court’s order imposing a twenty-four-month term of incarceration must be reversed and this matter remanded with directions to resentence Mr. Plejdrup within the range of the original six-month suspended sentence.
Judgment AFFIRMED; sentence REVERSED; cause REMANDED.
ANTOON, C.J., DAUKSCH and THOMPSON, JJ., concur.
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Brooks v. State, 762 So. 2d 1011 (Fla. 5th DCA 2000)…original sentence for count one as a “true split” sentence. Therefore, the trial court could resentence Brooks on count one to, at most, a period of incarceration not to exceed the suspended portion — in this case four years. See Plejdrup v. State, 754 So. 2d 57 (Fla. 5th DCA 2000); Williams v. State, 747 So. 2d 989 (Fla. 5th DCA 1999). We therefore agree with Brooks that the nine-year sentence he received for count one'was improper. Thus'that sentence is reversed and we remand this case for re-sentencing o…
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Lovett v. State, 795 So. 2d 1135 (Fla. 5th DCA 2001)…y impose a sentence for the remaining portion of the original suspended sentence or for any period within the guidelines, whichever is less. See Poore, 531 So. 2d at 164; Brooks v. State, 762 So. 2d 1011, 1013 (Fla. 5th DCA 2000); Plejdrup v. State, 754 So. 2d 57, 58 (Fla. 5th DCA 2000); Booth v. State, 754 So. 2d 155, 156 (Fla. 5th DCA 2000); Williams v. State, 747 So. 2d 989 (Fla. 5th DCA 1999). We vacate Lovett’s sentence and remand for imposition of a sentence that does not exceed either the guidelines…
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Booth v. State, 754 So. 2d 155 (Fla. 5th DCA 2000)…t exceeded its sentencing authority by adding the probationary term to the three years’ imprisonment, and we agree. The trial court’s original sentence was a true split sentence. Poore v. State, 531 [*156] So. 2d 161 (Fla.1988); Plejdrup v. State, 754 So. 2d 57 (Fla. 5th DCA 2000); Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). As such, upon revocation of probation, the trial court was limited to resen-tencing Booth to a period of incarceration which did not exceed the original three year sentence, le…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Williams v. State, 747 So. 2d 989 (Fla. 5th DCA 1999)