Legal Opinion

Barnes v. State

District Court of Appeal of Florida

Decided February 18, 1993No. 92-1060Published

1Opinion of the Court

JOANOS, Chief Judge.

Appellant Barnes contests a resentencing order placing him on probation for a period of ten years. Appellant contends the probationary term of ten years is illegal, because it exceeds the maximum sentence allowed by statute. The state agrees the cause must be remanded for resentencing, in that the ten-year probationary period exceeds the statutory maximum for appellant’s convicted offense. We reverse and remand for resentencing, and for correction of the judgment form.

On February 7, 1992, appellant’s original sentence was reversed, because the total sentence imposed at…

2Cases cited5 opinions

  1. State v. HolmesSupreme Court of Florida · 1978
  2. Servis v. StateDistrict Court of Appeal of Florida · 1991
  3. McGraw v. StateDistrict Court of Appeal of Florida · 1981
  4. Davis v. StateDistrict Court of Appeal of Florida · 1992
  5. Barnes v. StateDistrict Court of Appeal of Florida · 1992

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