546 So. 2d 786
546 So.2d 786
14 Fla.L.Weekly 1749
District Court of Appeal of Florida
Decided July 25, 1989
District Court of Appeal of Florida · decided 1989-07-25
Cited by 2 later decisions — most recently May 1996
2 state decisions
Key passage — most relied on by later courts
“A `split sentence' of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged.”
quoted by 1 later decision, including Cruz v. State
Relies on 360 So. 2d 380 - State v. Holmes
Good law ✅— No negative treatment on recordhow we know
Decided 1989-07-25
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¶1A “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.
¶2*787Reversed and remanded for a correction of the sentence.