Opinion
Case No. 96-1395
Opinion filed March 12, 1997.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; L.B. Vocelle, Judge; L.T. Case No. 95-1155.
Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.
We reverse and remand for the trial court to correct appellant's sentence for burglary of a structure. The court imposed a split sentence of 28.2 months in prison followed by five years on probation. The statutory maximum for burglary of a structure is five years. §§ 775.082(3)(d), 810.02(4)(a), Fla. Stat. (1995). The trial court had no authority to extend the probationary period of appellant's sentence beyond the statutory maximum sentence.Colon v. State, 660 So.2d 373 (Fla. 4th DCA 1995); Klibe v. State, 569 So.2d 943 (Fla. 4th DCA 1990). On remand, the trial court shall reduce appellant's sentence to a probationary period of 31.8 months.
REVERSED and REMANDED.
GLICKSTEIN, DELL and PARIENTE, JJ., concur.