Florida District Courts of Appeal, 1991

Waddell v. State

Waddell v. State
Florida District Courts of Appeal · Decided April 3, 1991 · Anstead, Dell, James, Walden
577 So. 2d 678; 1991 Fla. App. LEXIS 2919; 1991 WL 44989 (Southern Reporter, Second Series)

Waddell v. State

Opinion of the Court

PER CURIAM.

We reverse and remand the appellant’s split sentences for resentencing within the maximum penalty of fifteen years imprisonment. The total sanction, incarceration and probation, should not exceed that maximum. See Rule 3.701(d)(12), Florida Rules of Criminal Procedure; Saint v. State, 562 So.2d 866 (Fla. 3d DCA 1990); Weidner v. State, 559 So.2d 705 (Fla. 4th DCA 1990); Baldwin v. State, 558 So.2d 173 (Fla. 5th DCA 1990).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HEREWITH.

ANSTEAD and DELL, JJ., and WALDEN, JAMES H„ Senior Judge, concur.

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