¶1Lee appeals an order that attempted to correct two illegal “split” sentences — of five years’ probation conditioned on two years’ incarceration — by imposing concurrent indeterminate sentences of two to five years. Imposition of a two-year minimum term for an indeterminate sentence was error, because section 921.18, Fla.Stat. (1979), limits the minimum term in such cases to six months. Cox v. State, 344 So.2d 1324 (Fla. 2d DCA 1977), cert. den., 354 So.2d 979 (Fla.1977). Under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), the corrected sentences are otherwise proper. Therefore, the sentences are AFFIRMED in part and REVERSED in part. The case is REMANDED for correction of the sentences by imposing a minimum term of six months. Appellant need not be present for correction of the sentences.
404 So. 2d 860
Lee v. State
District Court of Appeal of Florida
Decided October 16, 1981
District Court of Appeal of Florida · decided 1981-10-16
Cited by 2 later decisions — most recently December 2014
2 state decisions
Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · Myers v. State · 344 So. 2d 1324 - Cox v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1981-10-16
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