Public-domain · open source
OpenJurist

367 So. 2d 708

Cherry v. State

District Court of Appeal of Florida

Decided February 20, 1979

District Court of Appeal of Florida · decided 1979-02-20

Relies on Boaz v. Boaz

Good law ✅— No negative treatment on recordhow we know

Decided 1979-02-20

How this case has been cited

Cited by 11 later decisions — most recently February 2006

10 state decisions

801979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1The offenses charged herein, two counts of burglary of a structure, were third degree felonies punishable by imprisonment of up to five years. Sections 810.02(3), and 775.082, Florida Statutes (1977). However, the sentence given to appellant was a prison term of five years, each count to run concurrent, but after two years, a probationary term of five years. This sentence exceeded the maximum five year sentence by two years and was thus an illegal sentence. See, e. g. Green v. State, 354 So.2d 135 (Fla. 1st DCA 1978). Accordingly, appellant’s sentence is modified to reduce the period of probation from five years to three years.

¶2Appellant’s other points being without merit, the judgment is affirmed and the sentence is affirmed as modified.

McCORD, C. J., and MELYIN and BOOTH, JJ., concur.
/367/so2d/708 · .json · Public domain