CHARLES C. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-10-04
No. 5D02-2144
THOMPSON, C.J., and SAWAYA, J., concur.
826 So. 2d 1101 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 2 cases
Topics
Probationary Split Sentence Attempted Sexual Battery Rule 3.800(A) Motion Split Sentence

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Opinion of the Court
GRIFFIN, J.

GRIFFIN, J.

The defendant appeals the denial of his Rule 3.800(a) motion to correct an illegal sentence. The defendant was convicted of two counts of attempted sexual battery and was originally sentenced to two years incarceration followed by five years probation. Upon violation of probation, the defendant was sentenced to thirty years incarceration.

The defendant contends the thirty-year sentence after incarceration following violation of probation is illegal because he was originally sentenced to a “true split sentence” and his sentence could not exceed the probationary portion of the defendant’s original sentence. The trial court correctly denied the defendant’s motion because the defendant was originally sentenced to a “probationary split sentence” and upon violation of probation, the trial court could impose any sentence it originally could have imposed. See Hernandez v. State, 740 So. 2d 1245 (Fla. 3d DCA 1999); see also Poore v. State, 531 So. 2d 161 (Fla.1988).

AFFIRM.

THOMPSON, C.J., and SAWAYA, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)
    …on of probation, the trial court may impose any sentence that could have originally been imposed without violating the proscription against double jeopardy. § 948.06(1), Fla. Stat (2002); Lippman v. State, 633 So. 2d 1061 (Fla.1994); Brown v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002). Therefore, the trial court could order payment of the additional fees at the time Woods was sentenced for violating his probation provided the pertinent rule and statute governing awards of public defender fees were complied wit…
  • Hoggs v. State, 857 So. 2d 358 (Fla. 5th DCA 2003)
    …venor v. State, 816 So. 2d 822 (Fla. 5th DCA), review granted, 826 So. 2d 992 (Fla.2002)(certifying conflict with Cousino v. State, 770 So. 2d 1258 (Fla. 4th DCA 2000), and Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999); see also Gould v. State, 826 So. 2d 1101 (Fla. 5th DCA 2002); Maples v. State, 804 So. 2d 599 (Fla. 5th DCA 2002). AFFIRMED. SHARP, W. and TORPY, JJ., concur.…

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