Nase v. State

CAMPBELL, Judge.

Appellant was convicted after a jury trial of attempted handling and fondling.of a child under sixteen years of age and was sentenced to four years’ probation and, as a special condition of that probation, to sixteen months’ incarceration. On appeal, he argues that the trial court erred because his sentence exceeds the five-year maximum sentence for the offense for which he was convicted. We agree.

The State concedes that a probationary split sentence cannot exceed the statutory maximum for the offense, which in this case is five years. See Randolph v. State, 626 So.2d 1006…