Turner v. State

COBB, Judge.

The appellant, Edward Turner pled guilty to capital sexual battery, a “life felony.” He was sentenced, pursuant to agreement, to 40 years incarceration followed by life probation. This sentence, as conceded by the state, exceeds the statutory maximum. Taylor v. State, 573 So.2d 173 (Fla. 5th DCA 1991).

The error here was the imposition by the trial court of a probationary split sentence instead of a true split sentence. See Poore v. State, 531 So.2d 161 (Fla.1988). The latter is lawful but the former is not, where, as here, the incareerative portion of the split sentence is 40…