DENNIS MAGNIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a probation term cannot extend beyond the maximum possible sentence unless expressly provided by law.
Appellant pled guilty to breaking and entering with intent to commit a felony and grand larceny. He received a two-year sentence for grand larceny and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Maximum Sentence cases and more on FLexlaw
PER CURIAM.
In Case No. 75-1201 appellant pled guilty to breaking and entering with intent to commit a felony and in Case No. 75-1202 he pled guilty to grand larceny. The crimes were both committed in February 1975. He was sentenced to two years imprisonment for the grand larceny charge. The maximum sentence for breaking and entering with intent to commit a felony is 15 years; notwithstanding, the trial court placed appellant on probation for a period of 17 years.
Appellant contends that the term of probation was improper. We agree. In Watts v. State, Fla.App.2nd, 1976, 328 So. 2d 223, in an opinion authored by Judge Scheb, this court held that the elimination of the provision in Fla.Stat. § 948.041, that probation could not extend more than two years beyond the maximum possible sentence, limited the power of the courts to impose a period of probation beyond the maximum permissible sentence except where expressly provided by law.
Accordingly, the judgment and sentence in Case No. 75-1202 are affirmed; the judgment in Case No. 75-1201 is likewise affirmed, but we remand for the trial court to impose a term of probation in Case No. 75-1201 consistent with this opinion.
BOARDMAN, Acting C. J., and. GRIMES and SCHEB, JJ., concur. . See Ch. 74-112, effective July 1, 1974.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
State v. Holmes, 360 So. 2d 380 (Fla. 1978)…maximum period of incarceration allowed by statute for the particular offense charged. That decision is in accord with the decisions of the other district courts on this issue. See Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla. 2nd DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 2nd DCA 1976); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977); McNulty v. State, 339 So. 2d 1155 (Fla. 1st DCA 1976), and Troiano v. State, 347 So. 2d 657 (Fla. 4th DCA 1977). In Stat…
-
Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)…s five years. Our recent opinion of Holmes et al. v. State, Fla.App., 343 So. 2d 632, opinion issued February 11, 1977, which cites Moore v. State, 324 So. 2d 690 (Fla.1st DCA 1976); Watts v. State, 328 So. 2d 223 (Fla.2d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla.2d DCA 1976); State v. Jones, 327 So. 2d 18 (Fla.1976) indicates this is clearly an excessive sentence. The trial court made as a condition of the probation of the Appellant that he serve one year in the county jail. This is included within th…
-
Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977)…mitted to enter a split sentence, the combined period cannot exceed the maximum period of time provided for that particular crime. Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Watts v. State, 328 So. 2d 223 (Fla.2d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla.2d DCA 1976). Also see State v. Jones, 327 So. 2d 18 (Fla.1976). For the foregoing reasons we modify the sentences appealed from in the following ways: (a) the probationary periods of sentences of Ricky Holmes and Edgar Holmes are each reduced…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)