Home/District Court of Appeal of Florida/Curnette v. State

Curnette v. State

689 So. 2d 421, 1997 Fla. App. LEXIS 2332, 1997 WL 107244
CourtDistrict Court of Appeal of Florida
DecidedMarch 12, 1997
DocketNo. 96-1395
StatusPublished

This text of 689 So. 2d 421 (Curnette 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
Curnette v. State, 689 So. 2d 421, 1997 Fla. App. LEXIS 2332, 1997 WL 107244 (Fla. Ct. App. 1997).

Opinion

PER CURIAM.

We reverse and remand for the trial court to correct appellant’s sentence for burglary of a structure. The court imposed a split sentence of 28.2 months in prison followed by five years on probation. The statutory maximum for burglary of a structure is five years. §§ 775.082(3)(d), 810.02(4)(a), Fla. Stat. (1995). The trial court had no authority to extend the probationary period of appellant’s sentence beyond the statutory maximum sentence. Colon v. State, 660 So.2d 373 (Fla. 4th DCA 1995); Klibe v. State, 569 So.2d 943 (Fla. 4th DCA 1990). On remand, the trial court shall reduce appellant’s sentence to a probationary period of 31.8 months.

REVERSED and REMANDED.

GLICKSTEIN, DELL and PARIENTE, JJ., concur.

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Related

Klibe v. State
569 So. 2d 943 (District Court of Appeal of Florida, 1990)
Colon v. State
660 So. 2d 373 (District Court of Appeal of Florida, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
689 So. 2d 421, 1997 Fla. App. LEXIS 2332, 1997 WL 107244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curnette-v-state-fladistctapp-1997.