THOMAS W. MYERS, JR., ET AL., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The court reduced probation sentences that exceeded the maximum incarceration term allowable for the underlying offense, holding that aggregate probation and incarceration cannot exceed the maximum sentence for the crime of conviction.
The maximum term of probation and incarceration imposed in the aggregate cannot exceed the maximum sentence to which a defendant could be sentenced for incarceration alone.
[1] The aggregate of probation and incarceration imposed upon a defendant cannot exceed the maximum sentence to which the court could sentence that person for incarceration a…
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Join FLexlaw to unlock all legal intelligenceThree defendants were sentenced to probation terms after pleading guilty to conspiracy to commit grand larceny, a first degree misdemeanor punishable …
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DAUKSCH, Judge.
The Appellants here raise three issues for our consideration, only one of which we feel is worthy of relief. Each of the Appellants were sentenced to terms of probation after pleas of guilty to a charge of conspiracy to commit grand larceny. That charge is a first degree misdemeanor. It is therefore punishable by no more than one year imprisonment. As has been stated before the maximum term of probation and incarceration to which a court may sentence a person cannot exceed, in the aggregate, the amount to which the court could sentence that person to incarceration. Therefore to sentence these Defendants to more than one year on probation or more than one year of probation and incarceration is illegal. Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA, Opinion filed February 11, 1977); State v. Jones, 327 So. 2d 18 (Fla.1976); Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976).
The sentence of Thomas W. Myers, Jr. is hereby modified by reducing it to four months probation after he completes his eight months in the county jail. The sentence of Carson Myers is hereby modified by reducing it to six months probation after he completes his six months in the county jail. The sentence of John Sutton is hereby modified by reducing it to 305 days probation after he serves his 60 days in the county jail.
AFFIRMED AS MODIFIED.
DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. State, 354 So. 2d 135 (Fla. 1st DCA 1978)…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 found no reversible error. Therefore, the judgment is a…
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Mobley v. State, 363 So. 2d 170 (Fla. 4th DCA 1978)…Since attempted grand larceny is a misdemeanor of the first degree the sentence is excessive by one year. The maximum sentence, probation and/or confinement, cannot exceed the maximum for which the defendant could have been confined. Myers v. State, 347 So. 2d 1053 (Fla. 4th DCA 1977). The dispositive question, however, is whether the trial court erred in not granting the motion to dismiss. We must find error and reverse. The motion of the defendant set out the facts alleged by the defendant to be the only e…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)
- 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)