ROBERT A. MAERKLE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)
  …maximum period of probation is limited only by the statutory maximum of the term of incarceration which could be imposed. See Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991); Twining v. State, 380 So. 2d 496 (Fla. 2d DCA 1980); Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978). In Crawford v. State, 567 So. 2d 428, 429 (Fla.1990) the Florida Supreme Court stated that section 948.01(5) [now 948.01(4)] means that “for any one offense, community control may be imposed for a maximum of two years.” Although…
• Peyton v. State, 383 So. 2d 737 (Fla. 3d DCA 1980)
  …gree. A misdemeanor in the first degree is punishable by a term of imprisonment not exceeding one year. § 775.-082(4)(a), Fla.Stat. (1975). Since a term of probation cannot exceed the maximum term of imprisonment provided by statute, Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978); Mays v. State, 349 So. 2d 792 (Fla. 2d DCA 1977), it is clear that the trial court was not empowered to place the defendant on probation for more than one year. The trial court’s judgment placing Peyton on probation for a term o…
• Dussault v. State, 578 So. 2d 430 (Fla. 5th DCA 1991)
  …annot be extended beyond the maximum period of statutorily prescribed incarceration, which, under section 812.13(2)(c), Florida Statutes, is five years for a third-degree felony. See Bono v. State, 553 So. 2d 293 (Fla. 1st DCA 1989); Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978); see also Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). Dussault is entitled to have the record corrected notwithstanding the imposition of concurrent fifteen-year probationary terms for several second-degree felonies. Se…

Authorities Cited

• Div. of Fam. Servs. (now Soc. & Econ. Services) Dep't of Health & Rehabilitative Servs. v. In the Interest of M. V. W., 349 So. 2d 232 (Fla. 1st DCA 1977)