Cherry v. State

District Court of Appeal of Florida

Cherry v. State

367 So. 2d 708, 1979 Fla. App. LEXIS 14175

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1979

DocketNo. LL-98

StatusPublished

Cited by1 cases

This text of 367 So. 2d 708 (Cherry 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.

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Cherry v. State, 367 So. 2d 708, 1979 Fla. App. LEXIS 14175 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The offenses charged herein, two counts of burglary of a structure, were third degree felonies punishable by imprisonment of up to five years. Sections 810.02(3), and 775.082, Florida Statutes (1977). However, the sentence given to appellant was a prison term of five years, each count to run concurrent, but after two years, a probationary term of five years. This sentence exceeded the maximum five year sentence by two years and was thus an illegal sentence. See, e. g. Green v. State, 354 So.2d 135 (Fla. 1st DCA 1978). Accordingly, appellant’s sentence is modified to reduce the period of probation from five years to three years.

Appellant’s other points being without merit, the judgment is affirmed and the sentence is affirmed as modified.

McCORD, C. J., and MELYIN and BOOTH, JJ., concur.

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PER CURIAM.

The offenses charged herein, two counts of burglary of a structure, were third degree felonies punishable by imprisonment of up to five years. Sections 810.02(3), and 775.082, Florida Statutes (1977). However, the sentence given to appellant was a prison term of five years, each count to run concurrent, but after two years, a probationary term of five years. This sentence exceeded the maximum five year sentence by two years and was thus an illegal sentence. See, e. g. Green v. State, 354 So.2d 135 (Fla. 1st DCA 1978). Accordingly, appellant’s sentence is modified to reduce the period of probation from five years to three years.

Appellant’s other points being without merit, the judgment is affirmed and the sentence is affirmed as modified.

McCORD, C. J., and MELYIN and BOOTH, JJ., concur.

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367 So. 2d 708, 1979 Fla. App. LEXIS 14175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherry-v-state-fladistctapp-1979.

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