CHESTER J. WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*783] DOWNEY, Judge.
Appellant pleaded guilty to breaking and entering with intent to commit grand larceny, a second degree felony, the maximum punishment for which is 15 years in prison. See Section 775.082(3)(c), Florida Statutes (1975). Appellant was sentenced to 7V2 years in prison to be followed by 9V2 years on probation.
It is contended on appeal that this sentence is illegal and we agree. We held in Heatherly v. State, Fla.App., 343 So. 2d 54, Opinion filed February 25, 1977, citing several cases from other District Courts of Appeal, that the combined period of a split sentence of jail time and probation can not, since the amendment of Section 948.04, Florida Statutes (1974), exceed the maximum time provided in the statute for incarceration.
We, therefore, modify the sentence in this case by reducing the probationary period provided by the trial court to 7V2 years and affirm the judgment and sentence as modified.
AFFIRMED as modified.
ANSTEAD and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977)…la. 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” is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any…
Authorities Cited
- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)