Winkle v. State

HOBSON, Judge.

John Grant Winkle appeals an order of the trial court adjudicating him guilty of petit theft,1 withholding imposition of sentence and placing him on six months probation on condition that he serve the maximum sixty-day jail term for the petit theft conviction. We reverse the split sentence probation alternative.2

Our supreme court held in State v. Holmes, 360 So.2d 380 (Fla.1978), that the combined periods of incarceration and probation imposed as a “true” split sentence alternative3 must be within the maximum period of incarceration provided by the statute for the offense…