Szewczyk v. State

District Court of Appeal of Florida

Szewczyk v. State

16 So. 3d 270, 2009 Fla. App. LEXIS 11753, 2009 WL 2568290

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 2009

Docket2D08-4441

StatusPublished

This text of 16 So. 3d 270 (Szewczyk 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

Szewczyk v. State, 16 So. 3d 270, 2009 Fla. App. LEXIS 11753, 2009 WL 2568290 (Fla. Ct. App. 2009).

Pincite

Opinion

KHOUZAM, Judge.

Keri Szewczyk appeals her sentence of three years’ incarceration followed by eight years’ probation that was imposed upon the revocation of her probation. She correctly contends that the sentence was illegal because it exceeded the three-year suspended incarcerative component of the true split sentence that was originally imposed for an offense she committed on August 8, 2003. See Sullivan v. State, 625 So.2d 955 (Fla. 2d DCA 1993); see also Evans v. State, 730 So.2d 768 (Fla. 1st DCA 1999). The State properly concedes that Szewczyk’s sentence was illegal. Accordingly, we reverse and remand for re-sentencing.

Reversed and remanded for resentenc-ing.

WALLACE and LaROSE, JJ., Concur.

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

KHOUZAM, Judge.

Keri Szewczyk appeals her sentence of three years’ incarceration followed by eight years’ probation that was imposed upon the revocation of her probation. She correctly contends that the sentence was illegal because it exceeded the three-year suspended incarcerative component of the true split sentence that was originally imposed for an offense she committed on August 8, 2003. See Sullivan v. State, 625 So.2d 955 (Fla. 2d DCA 1993); see also Evans v. State, 730 So.2d 768 (Fla. 1st DCA 1999). The State properly concedes that Szewczyk’s sentence was illegal. Accordingly, we reverse and remand for re-sentencing.

Reversed and remanded for resentenc-ing.

WALLACE and LaROSE, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

16 So. 3d 270, 2009 Fla. App. LEXIS 11753, 2009 WL 2568290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szewczyk-v-state-fladistctapp-2009.

Opinion

Related

Cite This Page — Counsel Stack