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677 So. 2d 1325

Docket No. 93-01329.

Stephens v. State

Danny Ray STEPHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 31, 1996.

District Court of Appeal of Florida · decided 1996-07-31

Key passage — most relied on by later courts

“sentence, which includes the incarcerative portion of the sentence and the probationary or community control period, may not exceed the statutory maximum for the offense”

quoted by 1 later decision, including Nickerson v. State

Relies on Anders v. California · Walker v. State · 666 So. 2d 231 - Garcia v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-31

How this case has been cited

Cited by 10 later decisions — most recently October 2010

10 state decisions

50199620002010decided

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.

View the full empirical analysis of this case →

¶1Daniel F. Martinez, II of Daniel F. Martinez, II, P.A., Tampa, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.

¶3THREADGILL, Chief Judge.

¶4Danny Ray Stephens appeals the sentences imposed upon the revocation of his probation for two counts of grand theft of a motor vehicle, in violation of section 812.014(2)(c)4., Florida Statutes (1989). His attorney filed a brief pursuant to Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that no meritorious grounds exist to support the appeal. Our independent review of the record reveals that the sentences imposed exceed the statutory maximum. We affirm the revocation of probation, but reverse and remand for resentencing.

¶5Grand theft of a motor vehicle is a third-degree felony punishable by a term of imprisonment not exceeding five years. §§ 775.082, 812.014(2)(c)4., Fla. Stat. (1989). The trial court sentenced Mr. Stephens to concurrent terms of four years in prison followed by eighteen months' community control on each count. A guidelines sentence, which includes the incarcerative portion of the sentence and the probationary or community control period, may not exceed the statutory maximum for the offense. Garcia v. State,666 So.2d 231 (Fla. 2d DCA 1995); Walker v. State,652 So.2d 1223 (Fla. 2d DCA 1995). Because each sentence of four years' imprisonment followed by eighteen months' community control exceeds the five-year statutory maximum, we reverse and remand for resentencing.

¶6Reversed.

¶7PARKER and PATTERSON, JJ., concur.

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