Gonzalez v. State

Florida District Courts of Appeal
Gonzalez v. State, 546 So. 2d 786 (1989)
14 Fla. L. Weekly 1749; 1989 Fla. App. LEXIS 4151; 1989 WL 81632
Cope, Ferguson, Gersten

Gonzalez v. State

Opinion of the Court

PER CURIAM.

A “split sentence” of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So.2d 380 (Fla. 1978). In modifying and extending the defendant’s probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error.

*787Reversed and remanded for a correction of the sentence.

Reference

Full Case Name
Wilfredo GONZALEZ v. The STATE of Florida
Cited By
2 cases
Status
Published