ANTHONY TROIANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot impose a combined period of imprisonment and probation that exceeds the maximum statutory sentence for the offense.
Appellant was convicted of accepting unauthorized compensation and sentenced to five years imprisonment followed by probation. The total period of imp…
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CROSS, Judge.
Appellant-defendant, Anthony Troiano, appeals a judgment of guilty and imposition of sentence from a conviction for accepting unauthorized compensation.
Appellant was charged by information with the offense of accepting unauthorized compensation in connection with his employment as a State Automobile Inspector. After a trial, appellant was found guilty as charged, and was sentenced to five years imprisonment. After serving two and one-half years, appellant was to be placed on probation for a term of four and one-half years.
The sole question presented for our determination is whether the trial court had authority to impose probation 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. Holmes v. State, 343 So. 2d 632 (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 (1975). In the instant case, pursuant to a conviction for that crime appellant was sentenced to combined terms of imprisonment and probation, which exceeded the maximum five-year sentence by two years. Thus the error. Accordingly, appellant’s probation is reduced to two and one-half years. McBride v. State, 311 So. 2d 752 (Fla. 4th DCA 1975).
Judgment and sentence affirmed, and probation modified.
ANSTEAD and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Holmes, 360 So. 2d 380 (Fla. 1978)…t 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 State v. Jones, supra, the case cited by petitioner for conflict, this court addressed a related issue: the permissible period of incarceration following revocation of probation imposed as a part of the original sentence. In…
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Green v. State, 354 So. 2d 135 (Fla. 1st DCA 1978)…s herein sentenced to combined terms of imprisonment and probation, which exceeded the maximum five year sentence by one year. As the State concedes, this was an illegal sentence. Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Troiano v. State, 347 So. 2d 657 (Fla. 4th DCA 1977); Myers v. State, 347 So. 2d 1053 (Fla. 4th DCA 1977). Accordingly, the Appellant’s sentence is modified to reduce the period of probation from five years to four years. We have examined the remaining point on appeal and have fou…
Authorities Cited
- Watts v. State, 328 So. 2d 223 (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)
- Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976)
- Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976)
- McBRIDE v. State, 311 So. 2d 752 (Fla. 4th DCA 1975)
- Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977)