Kelly v. State

WHATLEY, Judge.

William Kelly appeals the sentence he received after the revocation of his probation. We reverse.

Kelly was .originally sentenced to twenty-four months’ imprisonment, the entire term suspended, and placed on three years’ drug offender probation. After revocation of his probation, Kelly was sentenced to two years’ incarceration followed by two years’ probation. This was error. Kelly’s original sentence was a true split sentence, and therefore, the maximum penalty he could receive is twenty-four months. See Silva v. State, 602 So.2d 694 (Fla. 2d DCA 1992). Consequently, the total…