Florida District Courts of Appeal, 1989

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided July 25, 1989 · Cope, Ferguson, Gersten
546 So. 2d 786; 14 Fla. L. Weekly 1749; 1989 Fla. App. LEXIS 4151; 1989 WL 81632 (Southern Reporter, Second Series)

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.

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