Florida District Courts of Appeal, 1998

Perales v. State

Perales v. State
Florida District Courts of Appeal · Decided August 5, 1998 · Farmer, Gross, Stevenson
714 So. 2d 670; 1998 Fla. App. LEXIS 9766; 1998 WL 438830 (Southern Reporter, Second Series)

Perales v. State

Opinion of the Court

PER CURIAM.

Affirmed, as we find that (1) there was no error in the trial court imposing a ten-year sentence for the violation of probation charge, and (2) the underlying sentence, upon which the violation of probation was based, was legal and did not exceed the statutory maximum. Appellant was originally sentenced to: 1½ years in prison; 28⅜ years probation (corrected from 30 years); 5 years probation; and 5 years probation, for a total of 40 years. Thus, appellant’s 40-year sentence for a first degree felony and two third degree felonies did not exceed the statutory maximum. See § 775.082(l)(b)(d), Fla. Stat. (1993)(providing a maximum sentence of thirty years for first degree felonies and five years for third degree felonies).

FARMER, STEVENSON and GROSS, JJ., concur.

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