MICHAEL JAMES BAKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a probation revocation sentence, holding that a true split sentence requires resentencing to only the balance of the withheld portion upon revocation, not an additional sentence.
Upon revocation of probation following a true split sentence, the defendant must be sentenced to the balance of the withheld portion, not to a sentence in excess thereof.
[1] Upon revocation of probation following a true split sentence, the sentencing court must impose only the balance of the withheld portion of the original sentence, not an a…
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Join FLexlaw to unlock all legal intelligence“Baker was sentenced to a specific prison term, 20 years, but was to be released after serving ten of those years, with the remaining years to be served on probation.”
Court's explanation of what constitutes a true split sentence under the sentencing documents.
Baker received a 20-year sentence with the first 10 years in prison and the remaining 10 years on probation. When his probation was revoked, the trial…
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SHEVIN, Judge.
We reverse the order denying Michael James Baker’s motion to correct illegal sentence imposed upon revocation of probation. The transcript and sentencing documents reflect that Baker’s sentence was a true split sentence; hence, upon revocation of probation, under Poore v. State, 531 So. 2d 161 (Fla.1988), Baker was entitled to be sentenced to the balance of the withheld portion of the sentence.
Baker’s original probation order provided:
It is hereby ordered and adjudged that you be 20 yrs committed to the Department of Corrections J_ confined in the County-Jail S.P. for a term of 10 yrs with credit for all jail time; that after you have served 10 yrs of said term, you shall be placed on probation for a period of 10 yrs under the supervision of the Department of Corrections, subject to Florida Law.
This represents a true split sentence: Baker was sentenced to a specific prison term, 20 years, but was to be released after serving ten of those years, with the remaining years to be served on probation. See Bryant v. State, 591 So. 2d 1102, 1103 (Fla. 5th DCA 1992); Ashe v. State, 548 So. 2d 291 (Fla. 4th DCA 1989). Upon revocation of probation, the court erred in imposing a sentence in excess of the Baker’s remaining sentence.
Based on the foregoing reasons, the sentence is reversed and the cause remanded with instructions to resentence Baker to twenty years imprisonment with credit for time served.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baker v. State, 756 So. 2d 1091 (Fla. 3d DCA 2000)…PER CURIAM. On Motion to Enforce Mandate Defendant seeks enforcement of this court’s mandate in Baker v. State, 736 So. 2d 807 (Fla. 3d DCA 1999). As the state properly concedes, the trial court failed to vacate the sentences and to resen-tence defendant on counts 2 and 3 of case number 91-7940, count 2 in case number 91-8184, and counts 1, 2, and 3 of case number 91-15763.…
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Baker v. State, 789 So. 2d 549 (Fla. 3d DCA 2001)…PER CURIAM. Although' various efforts have been made to do so, the trial court has not yet entered sentences in accordance with our decisions in Baker v. State, 736 So. 2d 807 (Fla. 3d DCA 1999), Baker v. State, 756 So. 2d 1091 (Fla. 3d DCA 2000), and Baker v. State, 776 So. 2d 374 (Fla. 3d DCA 2001), in all eight of the lower court cases in which the appellant Baker is a defendant. Accordingly, it is ordered that the tri…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Bryant v. State, 591 So. 2d 1102 (Fla. 5th DCA 1992)
- Ashe v. State, 548 So. 2d 291 (Fla. 4th DCA 1989)