ERIC M. HOFFMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-11-22
No. 3D99-2912
Before COPE, GODERICH, and SHEVIN, JJ.
776 So. 2d 286 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Christopher v. State, 489 So. 2d 22 (Fla.1986); Hoffman v. State, 736 So. 2d 1196 (Fla. 3d DCA 1999).

Other
PER CURIAM.

On Denial of Rehearing and Certification

PER CURIAM.

The sentence is consistent with the plea agreement and Hoffman v. State, 700 So. 2d 765 (Fla. 3d DCA 1997). The court is allowed to use a corrected scoresheet on resentencing. Roberts v. State, 644 So. 2d 81 (Fla.1994). A guidelines sentence can include á split sentence like that imposed here. Wick v. State, 651 So. 2d 765, 766 (Fla. 3d DCA 1995). Consecutive sentences on the two counts are permissible, § 921.16, Fla. Stat. (1991), and appellant acknowledged in the written plea agreement that sixty years is the total legal maximum for the two counts. The incarceration is within the guidelines and the split sentence is within the legal maximum.

Rehearing and certification denied; clarification granted.


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Cited By

  • Gilbert v. State, 838 So. 2d 623 (Fla. 3d DCA 2003)
    …es not exceed the guidelines amount. A consecutive probationary period is permissible up to the legal maximum. Since the trial court is allowed to impose consecutive sentences, see § 921.16, Fla. Stat., Tripp, 622 So. 2d at 942-43; Hoffman v. State, 776 So. 2d 286, 287 (Fla. 3d DCA 2000), it follows that the consecutive term of thirty years of probation in this case is within the legal maximum. The Tripp decision does, however, impose a limitation on the amount of incarceration which can be ordered if the def…

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