Kishel v. State

District Court of Appeal of Florida

Kishel v. State

351 So. 2d 1058, 1977 Fla. App. LEXIS 15551

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1977

DocketNo. 76-1668

StatusPublished

Cited by1 cases

This text of 351 So. 2d 1058 (Kishel 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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Kishel v. State, 351 So. 2d 1058, 1977 Fla. App. LEXIS 15551 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

We find no reversible error as to any of the issues presented for appellate review. However, from a review of the record it is clearly apparent that the sentence imposed exceeds the lawful maximum sentence for the crime charged. The maxi[1059]*1059mum sentence for a third degree felony is 5 years (section 775.082(3)(d), Florida Statutes). The trial court sentenced the defendant to 3 years in prison followed by 4 years probation thereby exceeding the maximum allowable sentence by 2 years. See Heatherly v. State, 343 So.2d 54, Fourth District Court of Appeal Case No. 76-304 opinion filed February 25, 1977; Holmes v. State, 343 So.2d 632, Fourth District Court of Appeal Case No. 76-78 opinion filed February 11, 1977. Although a trial judge is permitted to enter a split sentence, the combined period may not exceed the maximum period of time provided for that particular crime. Holmes, supra.

Accordingly, the sentence is modified by reducing the term of probation from 4 years to 2 years. In all other respects the judgment and sentence are affirmed.

MAGER, C. J., and ANSTEAD and LETTS, JJ., concur.

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PER CURIAM.

We find no reversible error as to any of the issues presented for appellate review. However, from a review of the record it is clearly apparent that the sentence imposed exceeds the lawful maximum sentence for the crime charged. The maxi[1059]*1059mum sentence for a third degree felony is 5 years (section 775.082(3)(d), Florida Statutes). The trial court sentenced the defendant to 3 years in prison followed by 4 years probation thereby exceeding the maximum allowable sentence by 2 years. See Heatherly v. State, 343 So.2d 54, Fourth District Court of Appeal Case No. 76-304 opinion filed February 25, 1977; Holmes v. State, 343 So.2d 632, Fourth District Court of Appeal Case No. 76-78 opinion filed February 11, 1977. Although a trial judge is permitted to enter a split sentence, the combined period may not exceed the maximum period of time provided for that particular crime. Holmes, supra.

Accordingly, the sentence is modified by reducing the term of probation from 4 years to 2 years. In all other respects the judgment and sentence are affirmed.

MAGER, C. J., and ANSTEAD and LETTS, JJ., concur.

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351 So. 2d 1058, 1977 Fla. App. LEXIS 15551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kishel-v-state-fladistctapp-1977.

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