Gonzalez v. State
Gonzalez v. State
Opinion of the Court
Bobby Gonzalez (Gonzalez) appeals a 1996 order revoking his probation and giving him a straight incareerative sentence of 30 months. We affirm in part, and reverse in part.
Gonzalez argues for the first time to this court that his sentences are illegal in two respects: 1) as of February 1994, he had already served the five-year statutory maximum on probation or community control for his third degree felonies in case numbers 88-4717 and 89-5211, and therefore any probation or community control he served beyond that time was illegal; and 2) in case number 88-4717, his recent sentence of 30 months, together with time previously spent incarcerated, exceeded the five-year statutory maximum for his third degree felony by 10 days. The state concedes he is correct as to the second issue, and therefore we reverse and remand with directions that he be credited with 10 days in that case.
As to the first issue, however, the record does not conclusively show that Gonzalez served more than the five-year statutory maximum on probation or community control before his most recent term of probation was revoked, because it is unclear exactly what date some of the terms of probation or community control began and whether he ab
Affirmed in part, and reversed in part, and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.