Florida District Courts of Appeal, 1985

Parks v. State

Parks v. State
Florida District Courts of Appeal · Decided February 12, 1985 · Barkdull, Hubbart, Pearson
463 So. 2d 521; 10 Fla. L. Weekly 418; 1985 Fla. App. LEXIS 12348 (Southern Reporter, Second Series)

Parks v. State

Opinion of the Court

PER CURIAM.

The order revoking the defendant’s probation is affirmed. The sentence of seven and one-half years imprisonment imposed exceeds the statutorily permissible maximum of five years and is fundamental error. State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981). The cause is remanded with directions to reduce the sentence to five years.

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