RICKY W. HOLMES ET AL., APPELLANTS,
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 while convictions are affirmed, the sentences imposed were excessive because the combined periods of incarceration and probation exceeded the statutory maximum for the crime.
Appellants were convicted of Breaking and Entering with Intent to Commit a Misdemeanor. Their sentences, combining incarceration and probation, exceed…
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 Breaking And Entering With Intent To Commit A Misdemeanor cases and more on FLexlaw
GREEN, OLIVER L., Jr., Associate Judge.
The three Appellants were each found guilty of Breaking and Entering with Intent to Commit a Misdemeanor and have appealed upon an alleged insufficiency of evidence to support the verdict and upon alleged excessive sentences. We affirm the Judgment, but find the sentences to be excessive.
Each of the Appellants was sentenced to combined terms of imprisonment and probation in excess of the five years which was the maximum penalty then permitted for the crime of Breaking and Entering with Intent to Commit a Misdemean-or. Section 775.082(3)(d), Florida Statutes (1975).
The Appellants Ricky W. Holmes and Edgar Allen Holmes were each sentenced to three years’ incarceration of which one and one-half years was suspended, and the period of incarceration was to be followed by four years’ probation. The probationary period for each is thereby excessive by the period of six months.
The Appellant Helen Ann Small Holmes was sentenced to five years’ incarceration, of which two years was suspended, and the period of incarceration was to be followed by four years’ probation. Her probationary sentence was thereby excessive by two years.
It is now uniformly held that although a trial judge is permitted 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 by six months; (b) the probationary period of the sentence of Helen Holmes is reduced by two years.
The judgments and sentences are hereby affirmed, as modified.
DOWNEY and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
-
State v. Holmes, 360 So. 2d 380 (Fla. 1978)…redit shall be given for time spent on probation. Accordingly, we approve the decision of the Fourth District Court of Appeal. It is so ordered. ADKINS, Acting C. J., and BOYD and SUNDBERG, JJ., concur. ENGLAND, J., dissents. . Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977). . Art. V, § 3(b)(3), Fla.Const. . Sec. 775.082(3) and Sec. 775.082(3)(d), Fla.Stat. (1975), provide in pertinent part: (3) a person who has been convicted of any other designated felony may be punished as follows: (d) for a…
-
Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)…eriod of seven years after pleading guilty to the crime of obtaining property by worthless check. The amount of time which the court could have imprisoned Appellant under the law is 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…
-
Story v. State, 355 So. 2d 1213 (Fla. 4th DCA 1978)…DCA 1971). The sale or delivery charge carries a maximum 15 year sentence, as it is a second degree felony. Appellant received a sentence, of 7!/2 years in prison and 9V2 years on probation. This sentence was excessive by two years. Holmes v. State, 343 So. 2d 632 (Fla. 4 DCA 1977). Therefore, we reduce the probationary period by two years. Accordingly, the judgment of the trial court is AFFIRMED, and the sentence is AFFIRMED as modified. DOWNEY and ANSTEAD, JJ., concur. . This quote is the officer’s versi…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)
- Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976)
- Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976)