Brooker v. State
Brooker v. State
Opinion of the Court
In this Anders
The appellant admitted to violating probation, and the trial court then conducted the sentencing portion of the hearing. Following witness testimony, the court asked the prosecutor whether it was bound by the initial concurrent imposition of the sentences, and the prosecutor incorrectly advised the court that “when a sentence is imposed concurrently at the time of the onset of a plea, if there’s ever a future violation, the Court can always revoke and resentence consecutively later on.” Appellant’s counsel argued that the court should not run the sentences consecutively. The court then resentenced the appellant to ten years’ and five years’ imprisonment, but this time it consecutively imposed the sentences, for a total of 15 years’ imprisonment.
When a court initially concurrently imposes prison sentences, and then suspends those , sentences and imposes a term of probation, this • constitutes a “true split sentence.” See Poore v. State, 531 So.2d 161, 164 (Fla. 1988)
We therefore affirm the length of the sentences imposed, as they are within the statutory máximums for these offenses, but we reverse and remand with directions that the lower court modify the judgment to reflect that these two sentences shall run concurrently to each other.
AFFIRMED IN PART, REVERSED AND REMANDED WITH DIRECTIONS.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. Superseded by statute on other grounds as recognized in Crews v. State, 779 So.2d 492, 493-94 (Fla. 2d DCA 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.