Gretka v. State

District Court of Appeal of Florida

Gretka v. State

629 So. 2d 263, 1993 Fla. App. LEXIS 12333, 1993 WL 523716

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 1993

DocketNo. 91-03763

StatusPublished

Cited by1 cases

This text of 629 So. 2d 263 (Gretka 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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Gretka v. State, 629 So. 2d 263, 1993 Fla. App. LEXIS 12333, 1993 WL 523716 (Fla. Ct. App. 1993).

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Opinion

HALL, Judge.

Daniel Gretka challenges his sentence for conspiracy to commit robbery with a firearm as in excess of the statutory maximum. We agree that Gretka’s sentence improperly exceeds the statutory maximum and remand for resentencing.

Gretka was sentenced to two concurrent terms of five and a half years’ imprisonment, to be followed by ten years’ probation, upon his convictions for conspiracy to commit robbery with a firearm and armed robbery. These sentences were within the permitted range according to Gretka’s scoresheet, and the sentence for armed robbery with a firearm is within the statutory maximum for that offense. § 775.082(3)(b), Fla.Stat. (1991). However, the sentence for the conspiracy count exceeds the statutory maximum of fifteen years. §§ 777.04(4)(b), 775.082(3)(c), Fla.Stat. (1989). Since the total time imposed pursuant to a split sentence cannot exceed the maximum period of incarceration provided by law, Smith v. State, 584 So.2d 154 (Fla. 2d DCA 1991), we must vacate Gretka’s sentence for the conspiracy count and remand for resentencing.

Accordingly, we affirm Gretka’s convictions and his sentence for armed robbery, but we reverse his sentence for the conspiracy count and remand with directions consistent with this opinion.

CAMPBELL, A.C.J., and PARKER, J., concur.

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HALL, Judge.

Daniel Gretka challenges his sentence for conspiracy to commit robbery with a firearm as in excess of the statutory maximum. We agree that Gretka’s sentence improperly exceeds the statutory maximum and remand for resentencing.

Gretka was sentenced to two concurrent terms of five and a half years’ imprisonment, to be followed by ten years’ probation, upon his convictions for conspiracy to commit robbery with a firearm and armed robbery. These sentences were within the permitted range according to Gretka’s scoresheet, and the sentence for armed robbery with a firearm is within the statutory maximum for that offense. § 775.082(3)(b), Fla.Stat. (1991). However, the sentence for the conspiracy count exceeds the statutory maximum of fifteen years. §§ 777.04(4)(b), 775.082(3)(c), Fla.Stat. (1989). Since the total time imposed pursuant to a split sentence cannot exceed the maximum period of incarceration provided by law, Smith v. State, 584 So.2d 154 (Fla. 2d DCA 1991), we must vacate Gretka’s sentence for the conspiracy count and remand for resentencing.

Accordingly, we affirm Gretka’s convictions and his sentence for armed robbery, but we reverse his sentence for the conspiracy count and remand with directions consistent with this opinion.

CAMPBELL, A.C.J., and PARKER, J., concur.

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629 So. 2d 263, 1993 Fla. App. LEXIS 12333, 1993 WL 523716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gretka-v-state-fladistctapp-1993.

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