Davie v. State

District Court of Appeal of Florida

Davie v. State

632 So. 2d 1090, 1994 Fla. App. LEXIS 1351, 1994 WL 54845

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1994

DocketNo. 93-417

StatusPublished

This text of 632 So. 2d 1090 (Davie 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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Davie v. State, 632 So. 2d 1090, 1994 Fla. App. LEXIS 1351, 1994 WL 54845 (Fla. Ct. App. 1994).

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Opinion

SHARP, Judge.

We affirm Davie’s convictions and sentences for Counts I and II. But, we vacate the sentence he received for Count III (driving with a suspended license and causing death or serious injury).¹ He was sentenced to “five years, on probation of which two of them will be served in the Department of Corrections.” The state agrees this sentence violates section 948.03(5), Florida Statutes (Supp.1992) which limits the period of incarceration to be served as a condition of probation to 364 days. See also Rosa v. State, 592 So.2d 769 (Fla. 5th DCA1992). Accordingly, we remand this cause to the trial court for the purpose of resentencing Davie on Count III.

AFFIRMED in part; sentence on Count II VACATED; REMANDED for resentenc-ing.

HARRIS, C.J., and GOSHORN, J., concur.

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SHARP, Judge.

We affirm Davie’s convictions and sentences for Counts I and II. But, we vacate the sentence he received for Count III (driving with a suspended license and causing death or serious injury).¹ He was sentenced to “five years, on probation of which two of them will be served in the Department of Corrections.” The state agrees this sentence violates section 948.03(5), Florida Statutes (Supp.1992) which limits the period of incarceration to be served as a condition of probation to 364 days. See also Rosa v. State, 592 So.2d 769 (Fla. 5th DCA1992). Accordingly, we remand this cause to the trial court for the purpose of resentencing Davie on Count III.

AFFIRMED in part; sentence on Count II VACATED; REMANDED for resentenc-ing.

HARRIS, C.J., and GOSHORN, J., concur.

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632 So. 2d 1090, 1994 Fla. App. LEXIS 1351, 1994 WL 54845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davie-v-state-fladistctapp-1994.

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