CAROL JEAN SHERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court exceeded its authority by imposing probation extending beyond the maximum sentence for assault and battery; sentence modified to comply with statutory limits.
A trial judge may impose a split sentence combining imprisonment and probation, but the combined period cannot exceed the maximum sentence provided by law for the crime.
[1] A trial court may impose a split sentence combining imprisonment and probation, provided the combined period does not exceed the maximum sentence authorized by law for th…
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Join FLexlaw to unlock all legal intelligenceCarol Jean Sherman was charged with aggravated assault, tried before a jury, and found guilty of assault and battery. She was sentenced to one year im…
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PER CURIAM.
Appellant-defendant, Carol Jean Sherman, appeals a judgment of guilty and imposition of sentence from a conviction for assault and battery. Appellant was charged by information with aggravated assault. After a jury trial, appellant was found guilty of assault and battery. The appellant was adjudged guilty and sentenced to one year imprisonment, after serving four months she was to be placed on probation for one year and eight months.
The sole question presented for our determination is whether the trial court had authority to impose probation beyond the period of maximum sentence.
This question has recently been answered by this court in Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA, opinion filed February 11, 1977); and Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA, opinion filed February 25, 1977). A trial judge is permitted to enter a split sentence but the combined period cannot exceed the maximum period of time provided for that particular crime. The probationary sentence in this case is excessive by one year. Appellant’s sentence is hereby modified to eliminate the last year of her probationary period.
As modified the judgment and sentence are affirmed.
MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Troiano v. State, 347 So. 2d 657 (Fla. 4th DCA 1977)…(Fla. 4th DCA 1977); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976); Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977). The offense of accepting unauthorized compensation contrary to Section 838.016, Florida Statutes (1975), a third degree felony is punishable by imprisonment for up to five years pursuant to Section 775.082, Florida Statutes (19…
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Laniero v. Louie L. Wainwright, 347 So. 2d 684 (Fla. 4th DCA 1977)…n beyond the period of maximum sentence. 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. Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977); Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977). The offense of grand larceny, a third degree felony, is punishable by imprisonment for up to five years. Section 775.08…
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Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977)…(Fla. 1st DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 3d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977); Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977); Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977); Walker v. State, 345 So. 2d 780 (Fla. 4th DCA 1977); Wright v. State, 345 So. 2d 782 (Fla. 4th DCA 1977). The sentence provides that Jabbour serve the three years imprisonment “at hard labor.” To be imprisoned “at hard labor” i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)
- Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977)