ALEX PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2017-12-01
No. Case No. 5D16-4341
SAWAYA, EVANDER and LAMBERT, JJ., concur.
230 So. 3d 1274 Florida District Court of Appeal, Fifth District (2017) Positive Treatment
Cited by 1 case

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Synopsis

Peterson challenged his prison sentences imposed after violating probation in three cases, arguing he had received "true" split sentences that would limit the trial court's sentencing discretion. The Florida Fifth District Court of Appeal affirmed the sentences, holding that Peterson's original sentences were "probationary" split sentences, not "true" split sentences, and therefore the trial court had authority to impose the challenged sentences within statutory limits.


Holding

Peterson did not receive "true" split sentences; his original sentences were "probationary" split sentences because the trial court explicitly provided that he would serve a period of incarceration followed by probation without suspending any portion of the incarceration. Therefore, the trial court had authority to impose the challenged sentences within statutory maximums upon probation violation.


Headnotes

[1] A "true" split sentence consists of a total period of confinement with part or all of that confinement suspended, with the defendant generally placed on probation for the…

[2] When a sentencing court imposes a true split sentence, the judge is not permitted to order incarceration for a period exceeding the suspended portion upon revocation of p…

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Key Quotes

“A 'true' split sentence consists of a total period of confinement with [all or] part of that confinement suspended. Generally, the defendant is placed on probation for the suspended portion of the confinement.”

Establishes the definition of a true split sentence, which suspends part of confinement and limits later sentencing discretion.

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Facts & Procedural History

Peterson was originally sentenced to terms involving incarceration followed by probation. When Peterson violated probation, the trial court imposed ne…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The sole contention raised by Appellant in this appeal is that the present prison sentences imposed upon him by the trial court after Appellant violated probation in his three cases below are unlawful. Appellant argues that when he was initially sentenced, he received “true” split sentences, thus limiting the trial court’s sentencing discretion upon Appellant’s later probation violation. Having reviewed the transcripts from the original sentencing hearings, we conclude that Appellant did not initially receive “true” split sentences, and therefore, we affirm his present sentences.

“A ‘true’ split sentence consists of a total period of confinement with [all or] part of that confinement suspended. Generally, the defendant is placed on probation for the suspended portion of the confinement.” Moore v. Stephens, 804 So.2d 575, 577 (Fla. 5th DCA 2002) (citing Poore v. State, 531 So.2d 161, 164 (Fla. 1988)).

“[W]hen a sentencing court imposes a true split sentence, the judge has effectively sentenced the defendant in advance for a probation violation and is not later permitted to change his or her mind. Upon revocation of probation, the court may not order the defendant incarcerated for a period exceeding the suspended portion because to do so would be a violation of the double jeopardy clause.”

Harris v. State, 218 So.3d 457, 458 (Fla. 5th DCA 2017) (quoting Boone v. State, 967 So.2d 999, 1001 (Fla. 5th DCA 2007)).

The State disagrees that when first sentenced Appellant received a “true” split sentence. Rather, the State argues that Appellant initially received a “probationary” split sentence, which involves a period of incarceration followed by a period of probation. See Moore, 804 So.2d at 577. A defendant violating the probation of a “probationary” split sentence is thereafter subject to being sentenced by the trial court to the maximum allowable period of incarceration for the crime committed. Howells v. State, 16 So.3d 852, 853 (Fla. 5th DCA 2009) (citing Poore, 531 So.2d at 164).

*1276The written sentencing documents in this case aré unclear as to whether Appellant first received a “true” split sentence or a “probationary” split sentence. However, our review of the transcripts filed of record from these sentencing hearings clearly show that Appellant did not receive “true” split sentences when first sentenced because the trial court explicitly provided that Appellant would servé a period of incarceration followéd by a term of probation and did not suspend any portion of Appellant’s incarceration. Under these circumstances, “[w]here a conflict exists between the oral pronouncement of sen-, tence and [the] written sentencing documents, the oral pronouncement controls.” Chrystie v. State, 95 So.3d 1027, 1028 (Fla. 5th DCA 2012) (citing Williams v. State, 957 So.2d 600, 603 (Fla. 2007)). Because the trial' court’s oral pronouncements of sentences concltisively show that Appellant received “probationary”' split sentences, his present prison sentences imposed after violating probation, which are all within the allowable statutory máximums, are lawful.

AFFIRMED.

SAWAYA, EVANDER and LAMBERT, JJ., concur.


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Citator

Cited By

  • Witherspoon v. State (Fla. 3d DCA 2020)
    …PER CURIAM. Affirmed. See Peterson v. State, 230 So. 3d 1274, 1275 (Fla. 5th DCA 2017) (“A defendant violating the probation of a ‘probationary’ split sentence is thereafter subject to being sentenced by the trial court to the maximum allowable period of incarceration for the crime committed.”) (citation omit…

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