LEONHARDT v. STATE (2000)

District Court of Appeal of Florida,Second District.

Kevin LEONHARDT, Appellant, v. STATE of Florida, Appellee.

No. 2D99-1410.

Decided: October 13, 2000

Benedict P. Kuehne and Susan Dmitrovsky of Sale & Kuehne, P.A., Miami, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

Kevin Leonhardt appeals his convictions and sentences for two counts of vehicular homicide. We affirm his convictions without discussion. However, we reverse his sentences because, as the State correctly concedes, the trial court erred in sentencing Leonhardt pursuant to the Youthful Offender Act.

Leonhardt was sentenced pursuant to the Youthful Offender Act to serve two consecutive sentences of three years in prison followed by one year of community control, resulting in a total sentence of six years in prison and two years of community control. This sentence exceeds the maximum allowed by law. Pursuant to the Youthful Offender Act, the “period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla. Stat. (1995). See Kirkman v. State, 598 So.2d 232 (Fla. 2d DCA 1992). Leonhardt's combined period of incarceration and community control is eight years.

Accordingly, we affirm Leonhardt's convictions but reverse and remand for resentencing.

Affirmed in part, reversed in part, and remanded.

WHATLEY, Judge.

THREADGILL, A.C.J., and PARKER, J., 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Out of date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