SNELL v. STATE (2003)

District Court of Appeal of Florida,First District.

Cary SNELL, Appellant, v. STATE of Florida, Appellee.

No. 1D02-1799.

Decided: May 20, 2003

Nancy A. Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, Cary Snell, challenges the sentence imposed when the trial court revoked his probation, and the State has properly conceded error. Snell's original sentence-24 months in prison, suspended, and 30 months of probation-was a “true split sentence.” See Poore v. State, 531 So.2d 161, 164 (Fla.1988); Evans v. State, 730 So.2d 768 (Fla. 1st DCA 1999). “[T]he imposition of a true split sentence ․ precludes the trial court from placing a defendant on probation for a period of time that exceeds the unserved portion of a suspended sentence.” Evans, 730 So.2d at 769. Accordingly, the maximum sentence available upon appellant's violation of probation was “the maximum term of the suspended jail sentence.” Id.

We REVERSE and REMAND for further proceedings consistent with this opinion. As in Evans, defendant need not be present for resentencing.

PER CURIAM.

KAHN, VAN NORTWICK, and BROWNING, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network