Bailey v. State

This cause is before us on appeal from a judgment and sentence. Appellant raises two issues, only one of which requires discussion.

Appellant was convicted of robbery, an offense carrying a maximum sentence of 15 years’ imprisonment. The trial court imposed a sentence of 14 years followed by a period of probation which “will be the amount of time it takes to reach the maximum 15-year sentence in this case depending on [the] time served in [the Department of Corrections].”

In Heuring v. State, 539 So.2d 590, 592 (Fla. 1st DCA 1989), this court affirmed a similar sentence which provided that in…