WILLIE ALPHONSO JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
In a negotiated plea agreement accepted by the court, defendant plead guilty to three separate charges of possession of a controlled substance (cocaine), and was subsequently adjudicated guilty of each of these third degree felonies. The judgment of conviction, however, erroneously refers to both Case Nos. 87-1829 and 87-1831 as convictions for “sale and delivery” of a controlled substance, both second degree felonies, and upon remand, should be corrected to properly reflect the crimes for which defendant plead and was convicted.
Defendant was sentenced to concurrent terms of imprisonment for 30 months, a sentence within the guidelines. In addition, however, the court imposed a 5 year term of probation in Cases 87-1829 and 87-1831 consecutive to the incarceration, and the State concedes that the combined term of incarceration and probation exceeds the statutory maximum 5 year penalty for these crimes. Accordingly, we vacate the sentences in Cases 87-1829 and 87-1831, and remand them for resentencing.
SENTENCES VACATED; REMANDED.
SHARP, C.J., and DANIEL, J., concur.
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Inclima v. State, 570 So. 2d 1034 (Fla. 5th DCA 1990)…ombined penalty of twenty years for each of the four second degree felonies is illegal. See, e.g., Baldwin v. State, 558 So. 2d 173 (Fla. 5th DCA 1990) (total penalty of probation and incarceration cannot exceed statutory maximum); Johnson v. State, 533 So. 2d 927 (Fla. 5th DCA 1988) (sentence of three months incarceration followed by five years probation is illegal sentence since combined term exceeds statutory maximum sentence of five years for third degree felony); Stamper v. State, 528 So. 2d 1323 (Fla. 5…