Opinion

Brown v. State

  • 826 So. 2d 1101
  • 2002 Fla. App. LEXIS 14267
  • 2002 WL 31202277
Court
District Court of Appeal of Florida
Filed
Oct 4, 2002
Status
Published
Author
Griffin
On the bench
Griffin, Sawaya, Thompson
Cited by
1 cases
Authority
More cited than 46.6%

The opinion

GRIFFIN, J.

The defendant appeals the denial of his Rule 3.800(a) motion to correct an illegal sentence. The defendant was convicted of two counts of attempted sexual battery and was originally sentenced to two years incarceration followed by five years probation. Upon violation of probation, the defendant was sentenced to thirty years incarceration.

The defendant contends the thirty-year sentence after incarceration following violation of probation is illegal because he was originally sentenced to a “true split sentence” and his sentence could not exceed the probationary portion of the defendant’s original sentence. The trial court correctly denied the defendant’s motion *1102 because the defendant was originally sentenced to a “probationary split sentence” and upon violation of probation, the trial court could impose any sentence it originally could have imposed. See Hernandez v. State, 740 So.2d 1245 (Fla. 3d DCA 1999); see also Poore v. State, 531 So.2d 161 (Fla.1988).

AFFIRM.

THOMPSON, C.J., and SAWAYA, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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