Gonzalez v. State
546 So. 2d 786, 14 Fla. L. Weekly 1749, 1989 Fla. App. LEXIS 4151, 1989 WL 81632
District Court of Appeal of Florida·Decided July 25, 1989·No. No. 87-3105·Published·Cited by 2 cases
Opinion
A “split sentence” of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So.2d 380 (Fla.1978). In modifying and extending the defendant’s probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error.
[787]*787Reversed and remanded for a correction of the sentence.
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Gonzalez v. State, 546 So. 2d 786, 14 Fla. L. Weekly 1749, 1989 Fla. App. LEXIS 4151, 1989 WL 81632 (Fla. Ct. App. 1989).
546 So. 2d 786 (Gonzalez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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