Florida District Courts of Appeal, 1993

Jafrancois v. State

Jafrancois v. State
Florida District Courts of Appeal · Decided March 23, 1993 · Baskin, Cope, Ferguson
615 So. 2d 866; 1993 Fla. App. LEXIS 3806; 18 Fla. L. Weekly Fed. D 791 (Southern Reporter, Second Series)

Jafrancois v. State

Opinion of the Court

PER CURIAM.

Rosemarie Jafrancois appeals her conviction and sentence for child abuse. We affirm defendant’s conviction; however, we vacate her sentence. The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989), and sentenced defendant to 364 days in jail and five years on probation. The trial court erred in imposing the sentence: the jail term combined with the probationary period exceeds the five-year statutory maximum sentence for a third-degree felony. Howland v. State, 420 So.2d 918 (Fla. 1st DCA 1982); § 775.082(3)(d), Fla.Stat. (1989). See Rodriguez v. State, 588 So.2d 1031, 1032 (Fla. 3d DCA 1991). Accordingly, we remand the cause for resentencing.

Conviction affirmed; sentence vacated; cause remanded.

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