TRAVIS CRAWFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges sentences imposed upon a revocation of probation. Because the probation was part of a true split sentence as described in State v. Powell, 703 So. 2d 444 (Fla.1997), and Poore v. State, 531 So. 2d 161 (Fla.1988), by which incarcerative terms were imposed and suspended, the incarcerative sentences which may be imposed upon revocation are limited to the incarcerative terms which had been suspended. See Poore; Stoutamire v. State, 734 So. 2d 468 (Fla. 1st DCA 1999). As the state properly concedes, the trial court had no greater sentencing authority merely because the suspension may have been conditioned on entry into or completion of a treatment program, even if the appellant may have satisfied this requirement. The challenged sentences are therefore vacated, and the case is remanded for resentencing.
JOANOS, ALLEN and KAHN, JJ„ CONCUR.
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McCLAIN v. State, 767 So. 2d 1249 (Fla. 1st DCA 2000)…PER CURIAM. AFFIRMED. See Crawford v. State, 763 So. 2d 1240 (Fla. 1st DCA 2000). ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR.…
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Liles v. State, 837 So. 2d 1151 (Fla. 1st DCA 2003)…original sentence was a true split sentence, the maximum sentence he could receive for violating his probation was three years’ incarceration. Poore v. State, 531 So. 2d 161 (Fla.1988); State v. Powell, 703 So. 2d 444 (Fla.1997); Crawford v. State, 763 So. 2d 1240 (Fla. 1st DCA 2000); Kelly v. State, 762 So. 2d 924 (Fla. 2d DCA 2000); Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). Accordingly, we reverse with instructions for the trial court to sentence appellant to not more than three years’ incarcerati…
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Osborn v. State, 4 So. 3d 45 (Fla. 1st DCA 2009)…violating his probation was fifteen years’ incarceration with credit for time served. See Poore v. State, 531 So. 2d 161 (Fla.1988); State v. Powell; 703 So. 2d 444 (Fla.1997); Liles v. State, 837 So. 2d 1151 (Fla. 1st DCA 2003); Crawford v. State, 763 So. 2d 1240 (Fla. 1st DCA 2000). Accordingly, we reverse with instructions for the trial court to sentence Appellant to not more than fifteen years’ incarceration with credit for time served. We affirm all other grounds. AFFIRMED in part, REVERSED in part, an…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- State v. Powell, 703 So. 2d 444 (Fla. 1997)
- Stoutamire v. State, 734 So. 2d 468 (Fla. 1st DCA 1999)