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Nase v. State

District Court of Appeal of Florida, Second District
Nov 12, 1997
746 So. 2d 469 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-01999.

Opinion filed November 12, 1997

Appeal from the Circuit Court for Pinellas County; Nelly N. Khouzam, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


Appellant was convicted after a jury trial of attempted handling and fondling of a child under sixteen years of age and was sentenced to four years' probation and, as a special condition of that probation, to sixteen months' incarceration. On appeal, he argues that the trial court erred because his sentence exceeds the five-year maximum sentence for the offense for which he was convicted. We agree.

The State concedes that a probationary split sentence cannot exceed the statutory maximum for the offense, which in this case is five years. See Randolph v. State, 626 So.2d 1006 (Fla. 2d DCA 1993). Moreover, section 948.03(6), Florida Statutes (1995), provides that a court may not impose more than 364 days of incarceration as a special condition of probation. See Randolph, 626 So.2d 1006; Marin v. State, 624 So.2d 808 (Fla. 3d DCA 1993).

Accordingly, we affirm appellant's conviction, reverse his sentence, and remand for resentencing.

PARKER, C.J., and THREADGILL, J., Concur.


Summaries of

Nase v. State

District Court of Appeal of Florida, Second District
Nov 12, 1997
746 So. 2d 469 (Fla. Dist. Ct. App. 1997)
Case details for

Nase v. State

Case Details

Full title:MICHAEL J. NASE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 12, 1997

Citations

746 So. 2d 469 (Fla. Dist. Ct. App. 1997)