JOHNNY FISHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1990-04-05
No. 89-857
DANIEL, C.J., and W. SHARP, J., concur.
559 So. 2d 362 Florida District Court of Appeal, Fifth District (1990) Positive Treatment
Cited by 2 cases
Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Johnny Fisher pleaded guilty to one count of trafficking in cocaine and one count of possession of a firearm by a convicted felon. The applicable guideline sentence range was 9 to 12 years. The judge sentenced defendant to two concurrent 12-year sentences with the proviso, “if you are released under the provisions provided for early release, that the balance of the 12-year sentence is to be served on probation.” Fisher urges that the sentence is improper because such probation, when the term is both indefinite and uncertain, is not authorized by Section 948.01, Florida Stat utes (1987). We agree and reverse. See Heuring v. State, 559 So. 2d 207 (Fla.1990).

Although the trial court could accomplish the same result by sentencing appellant to incarceration on one count and concurrent probation on the other count, the sentences as imposed are illegal and the cause is remanded for resentencing.

REVERSED and REMANDED.

DANIEL, C.J., and W. SHARP, J., concur.

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  • Maynard v. State, 561 So. 2d 449 (Fla. 5th DCA 1990)
    …ion. “Probation will commence upon release from prison in this case. To terminate 5-24-2011.” This 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. Sentence QUASHED; REMANDED. GOSHORN and HARRIS, JJ., concur. . § 782.04(3), Fla.Stat. (1989).…

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