Florida District Courts of Appeal, 1993

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)

Cases that cite this one

1 later published case cites this decision.

Jafrancois v. State (Fla. Dist. Ct. App. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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