Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CECELIA WALLACE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

BLUE, Judge.

Cecelia Wallace (Wallace) seeks review of her sentence imposed upon a violation of probation. We reverse and remand for resentencing.

On December 11, 1988, Wallace was sentenced as a habitual offender on a grand theft charge. Her original sentence consisted of ten years' imprisonment with five years of the confinement period suspended and Wallace placed on five years' probation. This sentence was a "true split sentence." Poore v. State, 531 So.2d 161 (Fla. 1988).

Following the completion of the prison term, Wallace began serving her probation. However, she violated her probation, whereupon the court revoked the probation and sentenced her to ten years in prison as a habitual offender with 949 days' credit for time actually served. This sentence was erroneously imposed. In a true split sentence, upon a violation of the probation, "the sentencing judge in no instance may order new incarceration that exceeds the remaining balance of the withheld or suspended portion of the original sentence." Poore, 531 So.2d at 164.

Accordingly, we reverse the sentence and remand for the court to impose a five year prison sentence, the suspended portion of the original sentence, with credit applied only for the time served, if any, after Wallace's arrest for violation of probation. See Owens v. State, 557 So.2d 199 (Fla. 1990).

HALL, A.C.J., and PARKER, J., concur.

Use AI to get other relevant cases.

Comments

WALLACE v. STATE
(May 28, 1993)