Shinholser v. State

District Court of Appeal of Florida

Shinholser v. State

522 So. 2d 530, 13 Fla. L. Weekly 788, 1988 Fla. App. LEXIS 1175, 1988 WL 24172

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1988

DocketNo. 87-2174

StatusPublished

This text of 522 So. 2d 530 (Shinholser 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

Shinholser v. State, 522 So. 2d 530, 13 Fla. L. Weekly 788, 1988 Fla. App. LEXIS 1175, 1988 WL 24172 (Fla. Ct. App. 1988).

Pincite

Opinion

PARKER, Judge.

Shinholser entered a plea of guilty to seventeen felony offenses with the understanding that he would receive nineteen years incarceration. He was thereafter sentenced to seventeen years incarceration to be followed by five years probation on all counts. The total penalty imposed was within the guidelines recommended range of seventeen to twenty-two years. Shinhol-ser now alleges that the trial court erred in the imposition of concurrent sentences under counts IV through XVII, for the reason that these sentences exceed the statutory maximum for each offense. We agree.

Under counts IV, V, VI, VII, VIII, IX, and X, Shinholser was convicted of arson pursuant to section 806.01(2), Florida Statutes (1985), and burglary of a dwelling under counts XI and XII, violative of section 810.02(3), Florida Statutes (1985). The above offenses are all second-degree felonies carrying a fifteen-year maximum penalty. § 775.082(3)(c), Fla.Stat. (1985). Counts XIII, XIV, XV, XVI, and XVII each charge the offense of simple burglary contrary to section 810.02(3), Florida Statutes (1985), which is a third degree felony punishable by a maximum of five years. § 775.082(3)(d), Fla.Stat. (1985).

The total of the incarcerative and probationary portions of a sentence cannot exceed the statutory maximum sentence. McGraw v. State, 404 So.2d 817 (Fla. 1st DCA 1981).

Therefore, Shinholser’s sentences under counts IV through XVII are reversed and remanded for the imposition of the appropriate statutory maximum penalty for each offense. Otherwise, affirmed.

DANAHY, C.J., and FRANK, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PARKER, Judge.

Shinholser entered a plea of guilty to seventeen felony offenses with the understanding that he would receive nineteen years incarceration. He was thereafter sentenced to seventeen years incarceration to be followed by five years probation on all counts. The total penalty imposed was within the guidelines recommended range of seventeen to twenty-two years. Shinhol-ser now alleges that the trial court erred in the imposition of concurrent sentences under counts IV through XVII, for the reason that these sentences exceed the statutory maximum for each offense. We agree.

Under counts IV, V, VI, VII, VIII, IX, and X, Shinholser was convicted of arson pursuant to section 806.01(2), Florida Statutes (1985), and burglary of a dwelling under counts XI and XII, violative of section 810.02(3), Florida Statutes (1985). The above offenses are all second-degree felonies carrying a fifteen-year maximum penalty. § 775.082(3)(c), Fla.Stat. (1985). Counts XIII, XIV, XV, XVI, and XVII each charge the offense of simple burglary contrary to section 810.02(3), Florida Statutes (1985), which is a third degree felony punishable by a maximum of five years. § 775.082(3)(d), Fla.Stat. (1985).

The total of the incarcerative and probationary portions of a sentence cannot exceed the statutory maximum sentence. McGraw v. State, 404 So.2d 817 (Fla. 1st DCA 1981).

Therefore, Shinholser’s sentences under counts IV through XVII are reversed and remanded for the imposition of the appropriate statutory maximum penalty for each offense. Otherwise, affirmed.

DANAHY, C.J., and FRANK, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

522 So. 2d 530, 13 Fla. L. Weekly 788, 1988 Fla. App. LEXIS 1175, 1988 WL 24172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shinholser-v-state-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack