Jafrancois v. State

District Court of Appeal of Florida

Jafrancois v. State

615 So. 2d 866, 1993 Fla. App. LEXIS 3806, 18 Fla. L. Weekly Fed. D 791

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 1993

DocketNo. 92-1175

StatusPublished

Cited by1 cases

This text of 615 So. 2d 866 (Jafrancois 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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Jafrancois v. State, 615 So. 2d 866, 1993 Fla. App. LEXIS 3806, 18 Fla. L. Weekly Fed. D 791 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Rosemarie Jafrancois appeals her conviction and sentence for child abuse. We affirm defendant’s conviction; however, we vacate her sentence. The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989), and sentenced defendant to 364 days in jail and five years on probation. The trial court erred in imposing the sentence: the jail term combined with the probationary period exceeds the five-year statutory maximum sentence for a third-degree felony. Howland v. State, 420 So.2d 918 (Fla. 1st DCA 1982); § 775.082(3)(d), Fla.Stat. (1989). See Rodriguez v. State, 588 So.2d 1031, 1032 (Fla. 3d DCA 1991). Accordingly, we remand the cause for resentencing.

Conviction affirmed; sentence vacated; cause remanded.

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PER CURIAM.

Rosemarie Jafrancois appeals her conviction and sentence for child abuse. We affirm defendant’s conviction; however, we vacate her sentence. The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989), and sentenced defendant to 364 days in jail and five years on probation. The trial court erred in imposing the sentence: the jail term combined with the probationary period exceeds the five-year statutory maximum sentence for a third-degree felony. Howland v. State, 420 So.2d 918 (Fla. 1st DCA 1982); § 775.082(3)(d), Fla.Stat. (1989). See Rodriguez v. State, 588 So.2d 1031, 1032 (Fla. 3d DCA 1991). Accordingly, we remand the cause for resentencing.

Conviction affirmed; sentence vacated; cause remanded.

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615 So. 2d 866, 1993 Fla. App. LEXIS 3806, 18 Fla. L. Weekly Fed. D 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jafrancois-v-state-fladistctapp-1993.

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