Opinion
No. 97-1949
August 5, 1998
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Nos. 94-2545 CFA02 94-2795 CFA02.
Raag Singhal of The Law Offices of Kaplan Singhal, P.A., Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
Affirmed, as we find that (1) there was no error in the trial court imposing a ten-year sentence for the violation of probation charge, and (2) the underlying sentence, upon which the violation of probation was based, was legal and did not exceed the statutory maximum. Appellant was originally sentenced to: 1 1/2 years in prison; 28 1/2 years probation (corrected from 30 years); 5 years probation; and 5 years probation, for a total of 40 years. Thus, appellant's 40-year sentence for a first degree felony and two third degree felonies did not exceed the statutory maximum. See § 775.082(1)(b)(d), Fla. Stat. (1993) (providing a maximum sentence of thirty years for first degree felonies and five years for third degree felonies).
FARMER, STEVENSON and GROSS, JJ., concur.