Foster v. State
Foster v. State
Opinion of the Court
Appellant, Scott B. Foster [“Foster”], appeals the trial court’s order summarily denying his Rule 8.800(a) motion. We affirm.
Foster was convicted of, inter alia, dealing in stolen property in Orange County and received a probationary split sentence of two years in prison followed by three years of probation. He also alleges that he was convicted of burglary of a structure or conveyance in Volusia County and received a five-year prison sentence to be served concurrently to any other sentence he is presently serving. In his motion, he argues that the two sentences he received are illegal because they result in him serving incarceration and probation simultaneously.
There is case law holding that the simultaneous imposition of incarceration and probation are illegal.
AFFIRMED.
. In Spencer v. State, 764 So.2d 576 (Fla. 2000), cited by Foster, the Florida supreme court merely remanded for further proceedings in light of Maddox v. State, 760 So.2d 89 (Fla. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.