Thompson v. State

1 So. 3d 1272, 2009 Fla. App. LEXIS 1144, 2009 WL 350606

Opinion

KELLY, Judge.

Richard Curtis Thompson was convicted of aggravated stalking and sentenced to sixty months’ incarceration, a portion of which was suspended, followed by five years’ probation. On appeal, Thompson argues that his sentence is illegal because it exceeds the statutory maximum for a third-degree felony. The State correctly concedes that the trial court erred in imposing a split sentence of probation and incarceration which exceeds the five-year statutory maximum sentence for third-degree felonies. See Fla. R.Crim. P. 3.701(d)(12); Smith v. State, 584 So.2d 154 (Fla. 2d DCA 1991).

Accordingly, we affirm Thompson’s conviction, reverse his sentence, and remand for resentencing.

FULMER and VILLANTI, JJ., Concur.