Leonhardt v. State

District Court of Appeal of Florida

Leonhardt v. State

779 So. 2d 452, 2000 Fla. App. LEXIS 13233, 2000 WL 1514110

CourtDistrict Court of Appeal of Florida

DecidedOctober 13, 2000

DocketNo. 2D99-1410

StatusPublished

Cited by1 cases

This text of 779 So. 2d 452 (Leonhardt 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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Leonhardt v. State, 779 So. 2d 452, 2000 Fla. App. LEXIS 13233, 2000 WL 1514110 (Fla. Ct. App. 2000).

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Opinion

WHATLEY, Judge.

Kevin Leonhardt appeals his convictions and sentences for two counts of vehicular homicide. We affirm his convictions without discussion. However, we reverse his sentences because, as the State correctly concedes, the trial court erred in sentencing Leonhardt pursuant to the Youthful Offender Act.

Leonhardt was sentenced pursuant to the Youthful Offender Act to serve two consecutive sentences of three years in prison followed by one year of community control, resulting in a total sentence of six years in prison and two years of community control. This sentence exceeds the maximum allowed by law. Pursuant to the Youthful Offender Act, the “period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla. Stat. (1995). See Kirkman v. State, 598 So.2d 232 (Fla. 2d DCA 1992). Leonhardt’s combined period of incarceration and community control is eight years.

Accordingly, we affirm Leonhardt’s convictions but reverse and remand for resen-tencing.

Affirmed in part, reversed in part, and remanded.

THREADGILL, A.C.J., and PARKER, J., Concur.

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WHATLEY, Judge.

Kevin Leonhardt appeals his convictions and sentences for two counts of vehicular homicide. We affirm his convictions without discussion. However, we reverse his sentences because, as the State correctly concedes, the trial court erred in sentencing Leonhardt pursuant to the Youthful Offender Act.

Leonhardt was sentenced pursuant to the Youthful Offender Act to serve two consecutive sentences of three years in prison followed by one year of community control, resulting in a total sentence of six years in prison and two years of community control. This sentence exceeds the maximum allowed by law. Pursuant to the Youthful Offender Act, the “period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla. Stat. (1995). See Kirkman v. State, 598 So.2d 232 (Fla. 2d DCA 1992). Leonhardt’s combined period of incarceration and community control is eight years.

Accordingly, we affirm Leonhardt’s convictions but reverse and remand for resen-tencing.

Affirmed in part, reversed in part, and remanded.

THREADGILL, A.C.J., and PARKER, J., Concur.

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779 So. 2d 452, 2000 Fla. App. LEXIS 13233, 2000 WL 1514110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonhardt-v-state-fladistctapp-2000.

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