Gonzalez v. State

Court: District Court of Appeal of Florida
Date filed: 1989-07-25
Citations: 546 So. 2d 786, 14 Fla. L. Weekly 1749, 1989 Fla. App. LEXIS 4151, 1989 WL 81632
Copy Citations
Click to Find Citing Cases
Lead Opinion
PER CURIAM.

A “split sentence” of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So.2d 380 (Fla.1978). In modifying and extending the defendant’s probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error.

Page 787
Reversed and remanded for a correction of the sentence.