JESUS ROSA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1992-01-24
Nos. 91-753, 91-770
DAUKSCH and W. SHARP, JJ., concur.
592 So. 2d 769 Florida District Court of Appeal, Fifth District (1992) Positive Treatment
Cited by 4 cases
Opinion of the Court
HARRIS, Judge.

[*770] HARRIS, Judge.

Jesus Rosa pled nolo contendere to five counts of robbery. He was sentenced to ten years probation with four years incarceration with the Department of Corrections “as a condition of probation.” He appeals. We reverse.

Although the amount of incarceration appears to be within the guidelines range, the manner in which it was imposed (condition of probation) makes the sentence illegal. Section 948.03(8), Florida Statutes (1989) limits the period of incarceration as a condition of probation to no more than 364 days. Of course, the court can always correct an illegal sentence. Rule 3.800(a), Florida Rules of Criminal Procedure.

REVERSED and REMANDED for re-sentencing.

DAUKSCH and W. SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Randolph v. State, 626 So. 2d 1006 (Fla. 2d DCA 1993)
    …So. 2d 326 (Fla. 2d DCA 1987). Thus, it was error to impose community control and probation in addition to the five-year prison term. Also, the special condition of probation that Randolph serve five years in prison was illegal. See Rosa v. State, 592 So. 2d 769 (Fla. 5th DCA 1992); § 948.03(5), Fla.Stat. (1991). Furthermore, ordering that the “balance of the term” be served on probation was illegal because the term of probation was not definite and certain. See Maynard v. State, 561 So. 2d 449 (Fla. 5th DC…
  • Davie v. State, 632 So. 2d 1090 (Fla. 5th DCA 1994)
    …served in the Department of Corrections.” The state agrees this sentence violates section 948.03(5), Florida Statutes (Supp.1992) which limits the period of incarceration to be served as a condition of probation to 364 days. See also Rosa v. State, 592 So. 2d 769 (Fla. 5th DCA1992). Accordingly, we remand this cause to the trial court for the purpose of resentencing Davie on Count III. AFFIRMED in part; sentence on Count II VACATED; REMANDED for resentenc-ing. HARRIS, C.J., and GOSHORN, J., concur. .…

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