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575 So. 2d 769

Burns v. State

District Court of Appeal of Florida · decided 1991-03-07

Relies on Calhoun v. State

Decided 1991-03-07

HARRIS, Judge.

¶1Richard Burns was convicted of robbery-while wearing a mask. The maximum sentence for this offense is thirty years. The trial court sentenced Burns to 22 years incarceration (the guideline maximum) to be followed by 10 years probation. This is an illegal sentence. Calhoun v. State, 522 So.2d 509 (Fla. 1st DCA 1988).

¶2On resentencing, the court shall either reduce the incarceration or the probation so that the total period will not exceed the statutory maximum of 30 years.

¶3REVERSED and REMANDED.

DAUKSCH and PETERSON, JJ., concur.
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