Peeples v. State

District Court of Appeal of Florida

Decided October 29, 1979

District Court of Appeal of Florida · decided 1979-10-29

Relies on Holmes v. State · 324 So. 2d 690 - Moore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-29

How this case has been cited

Cited by 9 later decisions — most recently September 2005

9 state decisions

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.

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DAUKSCH, Judge.

¶1This is an appeal from a sentence in an aggravated assault case. Because aggravated assault is a third degree felony the maximum imprisonment to which appellant could be sentenced is five years. Section 784.021, Florida Statutes (1977); Section 775.082(3)(d), Florida Statutes (1977). The trial court erred in sentencing appellant to three years in prison and seven years probation. The total time in prison and on probation cannot exceed the maximum for which the appellant could be imprisoned. Holmes v. State, 343 So.2d 632 (Fla.4th DCA 1977); Moore v. State, 324 So.2d 690 (Fla.1st DCA 1976).

¶2The probation portion of appellant’s sentence is hereby reduced to two years.

¶3AFFIRMED as modified.

CROSS, C. J., and McDONALD, PARKER LEE, Associate Judge, concur.