Upshaw v. State

RYDER, Acting Chief Judge.

Elvis Upshaw contends, and the state concedes, that the trial court improperly sentenced him to seventeen years’ imprisonment after revoking his probation for a second degree felony. Accordingly, we reverse his sentence and remand for the trial court to sentence him within the statutory maximum for a second degree felony, fifteen years. § 775.082(3)(c), Fla.Stat. (1989). Upshaw need not be present for resentencing.

Upshaw also asserts that the lower court failed to give him credit for time he served on the incarcerative portion of his original split sentence. In its…