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Jones v. State

District Court of Appeal of Florida, First District
May 1, 2000
756 So. 2d 1091 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2502.

Opinion filed May 1, 2000.

An appeal from the Circuit Court for Escambia County. Frank Bell, Judge.

Nancy A. Daniels, Public Defender, and Tracy T. Murphy, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Edward C. Hill, Assistant Attorney General, Tallahassee, for Appellee.


In this direct appeal, Appellant claims his sentence of six months incarceration followed by one year probation for a first DUI is an illegal sentence. An illegal sentence is fundamental error and can be raised for the first time on appeal even if it was not preserved below. See Nelson v. State, 719 So.2d 1230, 1232 (Fla. 1st DCA 1998).

The DUI statute the State cites in support of affirming the sentence provides that "the total period of probation and incarceration may not exceed one year." § 316.193(6)(a), Fla. Stat. (1997). Because appellant was illegally sentenced on the DUI conviction to a period of probation and incarceration in excess of one year, this sentence is REVERSED and REMANDED to the trial court for resentencing.

WOLF, KAHN, and LAWRENCE, JJ., CONCUR.


Summaries of

Jones v. State

District Court of Appeal of Florida, First District
May 1, 2000
756 So. 2d 1091 (Fla. Dist. Ct. App. 2000)
Case details for

Jones v. State

Case Details

Full title:MAURICE JONES, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 1, 2000

Citations

756 So. 2d 1091 (Fla. Dist. Ct. App. 2000)