Silkey v. State

Appellant was charged with and convicted of a third degree felony. He was adjudicated guilty and sentenced to five years in prison and also to pay a $5,000 fine. The sentence provided that in lieu of payment of the $5,000 fine, appellant was to serve an additional (sixth) year in prison. This sentence is excessive.

One convicted of a third degree felony may be lawfully sentenced to a maximum of five years in prison, Section 775.082(3)(d), Florida Statutes (1975), and in addition be assessed up to a $5,000 fine, Section 775.-083(l)(c), Florida Statutes (1975). However, the portion of the…