McKeithan v. State

Vlademir McKeithan challenges the length of his sentence for manslaughter which was imposed following revocation of his probation. Because McKeithan’s sentence exceeds the statutory maximum, we reverse.

McKeithan was charged with manslaughter, a second-degree felony. Pursuant to a plea agreement, he was sentenced to a probationary split sentence of four years’ imprisonment followed by eleven years’ probation. The maximum sentence for a second-degree felony is fifteen years’ imprisonment. § 775.082(3)(c), Fla. Stat. (1995). Following his prison term and nine months into the probationary period,…