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629 So. 2d 263

Gretka v. State

District Court of Appeal of Florida

Decided December 15, 1993

District Court of Appeal of Florida · decided 1993-12-15

Relies on Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-15

How this case has been cited

Cited by 3 later decisions — most recently May 2010

3 state decisions

10199320002010decided

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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HALL, Judge.

¶1Daniel Gretka challenges his sentence for conspiracy to commit robbery with a firearm as in excess of the statutory maximum. We agree that Gretka’s sentence improperly exceeds the statutory maximum and remand for resentencing.

¶2Gretka was sentenced to two concurrent terms of five and a half years’ imprisonment, to be followed by ten years’ probation, upon his convictions for conspiracy to commit robbery with a firearm and armed robbery. These sentences were within the permitted range according to Gretka’s scoresheet, and the sentence for armed robbery with a firearm is within the statutory maximum for that offense. § 775.082(3)(b), Fla.Stat. (1991). However, the sentence for the conspiracy count exceeds the statutory maximum of fifteen years. §§ 777.04(4)(b), 775.082(3)(c), Fla.Stat. (1989). Since the total time imposed pursuant to a split sentence cannot exceed the maximum period of incarceration provided by law, Smith v. State, 584 So.2d 154 (Fla. 2d DCA 1991), we must vacate Gretka’s sentence for the conspiracy count and remand for resentencing.

¶3Accordingly, we affirm Gretka’s convictions and his sentence for armed robbery, but we reverse his sentence for the conspiracy count and remand with directions consistent with this opinion.

CAMPBELL, A.C.J., and PARKER, J., concur.
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