MAURICE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
In this direct appeal, Appellant claims his sentence of six months incarceration followed by one year probation for a first DUI is an illegal sentence. An illegal sentence is fundamental error and can be raised for the first time on appeal even if it was not preserved below. See Nelson v. State, 719 So. 2d 1230, 1232 (Fla. 1st DCA 1998).
The DUI statute the State cites in support of affirming the sentence provides that “the total period of probation and incarceration may not exceed one year.” § 316.193(6)(a), Fla. Stat. (1997). Because appellant was illegally sentenced on the DUI conviction to a period of probation and incarceration in excess of one year, this sentence is REVERSED and REMANDED to the trial court for resentencing.
WOLF, KAHN, and LAWRENCE, JJ., CONCUR.
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Howard v. State, 854 So. 2d 288 (Fla. 3d DCA 2003)…ail and prison credit. Therefore, this cause is remanded for entry of a sentencing order crediting the defendant with the 276 days spent in jail and for the time spent in prison. See Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003); Baker v. State, 756 So. 2d 1091 (Fla. 3d DCA 2000). Finally, as to Count II, the judgment of conviction references section 775.087. However, a review of the jury’s verdict indicates that the jury did not find that the defendant either carried, displayed, or used a firearm or weapo…
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Baker v. State, 789 So. 2d 549 (Fla. 3d DCA 2001)…PER CURIAM. Although' various efforts have been made to do so, the trial court has not yet entered sentences in accordance with our decisions in Baker v. State, 736 So. 2d 807 (Fla. 3d DCA 1999), Baker v. State, 756 So. 2d 1091 (Fla. 3d DCA 2000), and Baker v. State, 776 So. 2d 374 (Fla. 3d DCA 2001), in all eight of the lower court cases in which the appellant Baker is a defendant. Accordingly, it is ordered that the trial court shall forthwith enter sentences or correcte…
Authorities Cited
- Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998)