Knox v. State

District Court of Appeal of Florida

Knox v. State

590 So. 2d 1017, 1991 Fla. App. LEXIS 12309, 1991 WL 262925

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1991

DocketNo. 91-00517

StatusPublished

This text of 590 So. 2d 1017 (Knox 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.

Bluebook

Knox v. State, 590 So. 2d 1017, 1991 Fla. App. LEXIS 12309, 1991 WL 262925 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The appellant seeks review of the sentence imposed upon a violation of probation. The appellant was sentenced for a grand theft offense to two and one half years in prison followed by two and one half years on probation. After serving the prison sentence, the appellant began the probationary period. An affidavit of violation was filed and the appellant admitted the violations. The court then sentenced the appellant to five years probation with a condition that he serve 365 days in the county jail.

The sentence imposed upon the violation of probation was illegal because it exceeds the maximum sentence which a court may impose. See Swift v. State, 362 So.2d 723 (Fla. 2d DCA 1978). The maximum sentence that may be imposed upon the appellant cannot exceed five years, the statutory maximum for a third degree felony, minus the prison sentence already served.

Accordingly, we affirm the judgment but reverse the sentence and remand to the trial court to sentence the appellant in accordance with this opinion.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

The appellant seeks review of the sentence imposed upon a violation of probation. The appellant was sentenced for a grand theft offense to two and one half years in prison followed by two and one half years on probation. After serving the prison sentence, the appellant began the probationary period. An affidavit of violation was filed and the appellant admitted the violations. The court then sentenced the appellant to five years probation with a condition that he serve 365 days in the county jail.

The sentence imposed upon the violation of probation was illegal because it exceeds the maximum sentence which a court may impose. See Swift v. State, 362 So.2d 723 (Fla. 2d DCA 1978). The maximum sentence that may be imposed upon the appellant cannot exceed five years, the statutory maximum for a third degree felony, minus the prison sentence already served.

Accordingly, we affirm the judgment but reverse the sentence and remand to the trial court to sentence the appellant in accordance with this opinion.

SCHOONOVER, C.J., and HALL and THREADGILL, JJ., concur.

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Bluebook (online)

590 So. 2d 1017, 1991 Fla. App. LEXIS 12309, 1991 WL 262925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-v-state-fladistctapp-1991.

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