COLIN FOLSOM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant seeks reversal of his conviction for violating Florida’s anti-stalking statute, sections 784.048(3) and (4), Florida Statutes (1993). We affirm and remand for resentencing. We find this Court’s opinion in Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994) and State v. Bossie, 1 Fla.L.Weekly Supp. 465 (Fla. Brevard County Ct. June 22, 1993) dispositive of the issues posed on appeal. See also Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994).
We do find, however, that aggravated stalking is classified as a third degree felony, and as such the appellant’s period of incarceration plus probation cannot exceed the maximum of five years. § 775.082(3)(d), Fla. Stat. (1993). Thus, we remand for imposition of a sentence no greater than the statutory maximum.
Affirmed and remanded for resentencing.
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Gonzalez v. State, 816 So. 2d 795 (Fla. 3d DCA 2002)…ginal 1991 sentences for those cases. We agree with Gonzalez that the 1995 sentences imposed upon violation of probation exceeded the statutory maximum of five years for each third degree felony. § 775.082(3), Fla. Stat. (1995); see Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994)(defendant’s period of incarceration plus probation may not exceed the five year maximum for a third degree felony). We find that Gonzalez was subject to probation revocation and resen-tencing on three separate probation revocation…
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Colin Folsom v. State, 654 So. 2d 128 (Fla. 1995)…[*129] SHAW, Judge. We have for review Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994), wherein the district court relied on Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), to uphold the constitutionality of Florida’s anti-stalking statute, section 784.048, Florida Statutes (1993). We have jurisdiction. Art. V…
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Augustyn v. State, 812 So. 2d 546 (Fla. 3d DCA 2002)…is correct (as the state appropriately concedes) that his sentence of 42 months imprisonment followed by 5 years probation for the third degree felony of forgery must be reversed where it exceeds the five year statutory maximum. See Folsom v. State, 638 So. 2d 591 (Fla. 3d DCA 1994) (defendant’s period of incarceration plus probation may not exceed the five year maximum for a third degree felony). Accordingly, we vacate the appellant’s sentence on this charge and remand for resen-tencing. Affirmed in part,…
Authorities Cited
- Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)
- Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994)