RICHARD CURTIS THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD CURTIS THOMPSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
1 So. 3d 1272
Florida District Court of Appeal, Second District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
Richard Curtis Thompson was convicted of aggravated stalking and sentenced to sixty months’ incarceration, a portion of which was suspended, followed by five years’ probation. On appeal, Thompson argues that his sentence is illegal because it exceeds the statutory maximum for a third-degree felony. The State correctly concedes that the trial court erred in imposing a split sentence of probation and incarceration which exceeds the five-year statutory maximum sentence for third-degree felonies. See Fla. R.Crim. P. 3.701(d)(12); Smith v. State, 584 So.2d 154 (Fla. 2d DCA 1991).
Accordingly, we affirm Thompson’s conviction, reverse his sentence, and remand for resentencing.
FULMER and VILLANTI, JJ., Concur.
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Hill v. State Farm Fla. Ins. Co., 35 So. 3d 956 (Fla. 2d DCA 2010)…ceeding — case no. 2D08^0. In that case, we reversed the trial court and held that the final judgment concerning the appraisal did not preclude the trial court from addressing the lawsuit for breach of contract. See State Farm Fla. Ins. Co. v. Hill, 1 So. 3d 1272 (Fla. 2d DCA 2009). When the case returned to the trial court, it entered a final judgment on May 11, 2009, that essentially transformed its earlier order granting summary judgment in March 2007 into a summary final judgment. The May 11, 2009, fina…
Authorities Cited
- Smith v. State, 584 So. 2d 154 (Fla. 2d DCA 1991)