Perales v. State

District Court of Appeal of Florida

Perales v. State

714 So. 2d 670, 1998 Fla. App. LEXIS 9766, 1998 WL 438830

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1998

DocketNo. 97-1949

StatusPublished

This text of 714 So. 2d 670 (Perales 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

Perales v. State, 714 So. 2d 670, 1998 Fla. App. LEXIS 9766, 1998 WL 438830 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Affirmed, as we find that (1) there was no error in the trial court imposing a ten-year sentence for the violation of probation charge, and (2) the underlying sentence, upon which the violation of probation was based, was legal and did not exceed the statutory maximum. Appellant was originally sentenced to: 1½ years in prison; 28⅜ years probation (corrected from 30 years); 5 years probation; and 5 years probation, for a total of 40 years. Thus, appellant’s 40-year sentence for a first degree felony and two third degree felonies did not exceed the statutory maximum. See § 775.082(l)(b)(d), Fla. Stat. (1993)(providing a maximum sentence of thirty years for first degree felonies and five years for third degree felonies).

FARMER, STEVENSON and GROSS, JJ., concur.

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PER CURIAM.

Affirmed, as we find that (1) there was no error in the trial court imposing a ten-year sentence for the violation of probation charge, and (2) the underlying sentence, upon which the violation of probation was based, was legal and did not exceed the statutory maximum. Appellant was originally sentenced to: 1½ years in prison; 28⅜ years probation (corrected from 30 years); 5 years probation; and 5 years probation, for a total of 40 years. Thus, appellant’s 40-year sentence for a first degree felony and two third degree felonies did not exceed the statutory maximum. See § 775.082(l)(b)(d), Fla. Stat. (1993)(providing a maximum sentence of thirty years for first degree felonies and five years for third degree felonies).

FARMER, STEVENSON and GROSS, JJ., concur.

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Bluebook (online)

714 So. 2d 670, 1998 Fla. App. LEXIS 9766, 1998 WL 438830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perales-v-state-fladistctapp-1998.