Maynard v. State

District Court of Appeal of Florida

Decided May 17, 1990

District Court of Appeal of Florida · decided 1990-05-17

Cited by 1 later decisions — most recently October 1993

1 state decisions

Relies on 559 So. 2d 207 - Heuring v. State · 559 So. 2d 362 - Fisher v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-17

View the full empirical analysis of this case →

W. SHARP, Judge.

¶1Maynard appeals his sentence imposed after he pled guilty to second degree murder.1 The trial judge sentenced him to 22 years in prison, provided that if he is released early, he must serve the balance of the 22 years on probation. “Probation will commence upon release from prison in this case. To terminate 5-24-2011.”

¶2This type of sentence is illegal because the term of probation is not definite and certain. Heuring v. State, 559 So.2d 207 (Fla.1990); Fisher v. State, 559 So.2d 362 (Fla. 5th DCA 1990). Accordingly we quash the sentence and remand for resen-tencing.

¶3Sentence QUASHED; REMANDED.

GOSHORN and HARRIS, JJ., concur.

¶4. § 782.04(3), Fla.Stat. (1989).