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

NEIL HUMPHREY, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Appellant, Neil Humphrey, Jr., appeals the judgment and sentences rendered against him for racketeering and conspiracy to traffic in cocaine. We find no error except in regard to his sentence. Appellant was sentenced pursuant to a plea agreement to three-and-one-half years in prison followed by two years probation for racketeering, and a concurrent ten years in prison followed by two years probation for conspiracy to traffic in cocaine. A probationary term that falls between or interrupts an incarcerative sentence or sentences is illegal. Schlosser v. State, 554 So.2d 1183 (Fla. 2d DCA 1989); Gill v. State, 550 So.2d 72 (Fla. 2d DCA 1989). Appellant's two-year probation sentence for racketeering that would precede the completion of the concurrent ten-year prison sentence for conspiracy is such an illegal sentence and is, therefore, reversed and this case remanded for resentencing consistent with this opinion.

CAMPBELL, A.C.J., and LEHAN and PARKER, JJ., concur.

Use AI to get other relevant cases.

Comments

HUMPHREY v. STATE
(May 10, 1991)