AMOS JEROME BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court cannot impose a sentence upon revocation of probation that exceeds the remaining balance of the suspended portion of the original split sentence.
The defendant received a true split sentence of fifteen years imprisonment with twelve years suspended for probation. After violating probation, the t…
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THREADGILL, Judge.
Amos Jerome Brown challenges the sentence imposed by the trial court upon the revocation of his probation. He argues that the trial court erred in imposing a sentence upon revocation of probation greater than the balance remaining on the split sentence originally imposed. We agree and reverse.
Mr. Brown pleaded guilty to sexual battery with force likely to cause serious personal injury and was sentenced to a true split sentence of fifteen years’ imprisonment, with twelve years suspended to be served on probation. He violated his probation, and the trial court sentenced him to fifteen years’ imprisonment to be followed by twelve years’ probation.
Where a true split sentence is imposed, the sentencing judge in no instance may order new incarceration that exceeds the remaining balance of the suspended portion of the original sentence. Poore v. State, 531 So. 2d 161, 164 (Fla.1988); Cooper v. State, 553 So. 2d 1371 (Fla. 2d DCA 1989). The trial court in this case erred in imposing a sentence of fifteen years’ imprisonment because such a sentence exceeds the balance of the suspended portion of the original sentence, namely twelve years.
Accordingly, we reverse the sentence and remand for resentencing.
DANAHY, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 753 So. 2d 673 (Fla. 2d DCA 2000)…defendant would be on probation. In effect, the judge has sentenced in advance for the contingency of the probation violation, and will [*675] not later be permitted to change his or her mind on that matter. Id. at 164-65; see also Brown v. State, 610 So. 2d 74, 75 (Fla. 2d DCA 1992) (“Where a true split sentence is imposed, the sentencing judge in no instance may order new incarceration that exceeds the remaining balance of the suspended portion of the original sentence.”). Thus, the trial court was only…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Cooper v. State, 553 So. 2d 1371 (Fla. 2d DCA 1989)