Burroughs v. State

District Court of Appeal of Florida

Burroughs v. State

688 So. 2d 416, 1997 Fla. App. LEXIS 1021, 1997 WL 61020

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1997

DocketNo. 95-01274

StatusPublished

Cited by1 cases

This text of 688 So. 2d 416 (Burroughs v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burroughs v. State, 688 So. 2d 416, 1997 Fla. App. LEXIS 1021, 1997 WL 61020 (Fla. Ct. App. 1997).

Pincite

Opinion

BLUE, Judge.

We affirm the appellant’s convictions and sentences for capital sexual battery and attempted capital sexual battery. We reverse the sentence imposed on the violation of probation charge.

The original sentence on the charge underlying the violation of probation was a “true split sentence” consisting of nine years in prison, with the confinement period suspended after three years and the remaining six years to be spent on probation. See Poore v. State, 531 So.2d 161 (Fla.1988). Upon the violation of probation, the trial judge could not impose a new period of incarceration which exceeded the remaining balance of the suspended portion of the original sentence. See Poore, 531 So.2d at 164. Here, on sentencing the appellant for the violation of probation, the court erred by imposing fifteen years’ incarceration. Accordingly, we reverse only the sentence imposed in the violation of probation case (circuit court case no. 90-16556) and remand for resentencing in accordance with Poore. The appellant does not need to be present for the resentencing.

Affirmed in part, reversed in part, and remanded for resentencing on circuit court case no. 90-16556.

ALTENBERND, A.C.J., and NORTHCUTT, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BLUE, Judge.

We affirm the appellant’s convictions and sentences for capital sexual battery and attempted capital sexual battery. We reverse the sentence imposed on the violation of probation charge.

The original sentence on the charge underlying the violation of probation was a “true split sentence” consisting of nine years in prison, with the confinement period suspended after three years and the remaining six years to be spent on probation. See Poore v. State, 531 So.2d 161 (Fla.1988). Upon the violation of probation, the trial judge could not impose a new period of incarceration which exceeded the remaining balance of the suspended portion of the original sentence. See Poore, 531 So.2d at 164. Here, on sentencing the appellant for the violation of probation, the court erred by imposing fifteen years’ incarceration. Accordingly, we reverse only the sentence imposed in the violation of probation case (circuit court case no. 90-16556) and remand for resentencing in accordance with Poore. The appellant does not need to be present for the resentencing.

Affirmed in part, reversed in part, and remanded for resentencing on circuit court case no. 90-16556.

ALTENBERND, A.C.J., and NORTHCUTT, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

688 So. 2d 416, 1997 Fla. App. LEXIS 1021, 1997 WL 61020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burroughs-v-state-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack