Cecil v. State, 91-2043
| Decision Date | 31 January 1992 |
| Docket Number | No. 91-2043,91-2043 |
| Citation | 596 So.2d 461 |
| Parties | 17 Fla. L. Weekly D1540 Glenda Lee CECIL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.
Glenda Lee Cecil has appealed the sentences imposed after revocation of her probation. We reverse, and remand for resentencing within the sentencing guidelines.
On October 9, 1990, Cecil pled nolo contendere in Case Nos. 89-2561 and 89-2883; each charged a single third-degree felony. She received five years probation in 89-2883, consecutive to a five year probationary term in 89-2561. In March 1991, an affidavit of violation of probation was filed based on Cecil's alleged purchase of cocaine. She was charged with purchasing cocaine, also a third-degree felony, in Case No. 91-418.
Cecil admitted the probation violation, and pled nolo contendere in 91-418. The trial court revoked her probation and sentenced her as follows: Case No. 89-2561 --3 1/2 years incarceration plus the remainder of her probation (approximately 4 years, 7 months), Case No. 89-2883 --3 1/2 years incarceration concurrent with the sentence in 89-2561, plus the remainder of her probation (5 years, in that this term was set to run consecutively to that in 89-2561, and hence had not commenced at the time of the probation violation in 89-2561), and Case No. 91-418 --3 1/2 years consecutive to the terms in 89-2561 and 89-2883, to be followed by 11 years probation.
If a trial court imposes a split sentence (a combination of probation and incarceration), the total sanction shall not exceed the term provided by general law. Comment to Rule 3.701(d)(12), Fla.R.Crim.P. The comment also provides that "[t]he sentencing court shall impose ... sentence for each separate count, as convicted" (emphasis supplied). Here, each case charged a third-degree felony, carrying a statutory maximum term of 5 years. The court imposed incarcerative terms in each of 3 1/2 years, leaving 1 1/2 years available for additional probation. However, in 89-2561, the court added 4 years, 7 months probation, in 89-2883, it added 5 years, and in 91-418 it added 11 years. In each case, the total sanction exceeds the term provided by general law. The sentences are therefore illegal and must be reversed.
For the trial...
To continue reading
Request your trial
-
State v. Williams
...Wolf v. State, 595 So.2d 1078 (Fla. 1st DCA 1992); Hammond v. State, 591 So.2d 1119 (Fla. 1st DCA 1992); but see Cecil v. State, 596 So.2d 461, 462 (Fla. 1st DCA 1992). Second DCA: See Long v. State, 540 So.2d 903 (Fla. 2d DCA 1989); but see State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1......
-
Roberts v. State, 95-557
...(1993); Fla.R.Crim.P. 3.702(d)(18). Here the "recommended guidelines prison sentence" was 46 months. (R. at 14, 57.)3 Cecil v. State, 596 So.2d 461, 462 (Fla. 1st DCA 1992) (reversing a split sentence "for failure to provide written reasons for departure" where the incarcerative portion imp......
-
Jackson v. State, 94-1602
...May 1993, the trial court imposed an illegal sentence. 1 Reed v. State, 616 So.2d 592, 593 (Fla. 4th DCA 1993); Cecil v. State, 596 So.2d 461, 462 (Fla. 1st DCA 1992). We find no merit in state's argument that appellant acquiesced in the imposition of an illegal sentence by entering a plea ......
-
Cecil v. State, 92-1766
...for appellee. PER CURIAM. Glinder Lee Cecil has appealed from sentence imposed after remand by this court in Cecil v. State, 596 So.2d 461 (Fla. 1st DCA 1992). We remand for correction of Cecil's sentence as outlined In October 1990, Cecil pled guilty to two 3d-degree felonies (Case Nos. 89......