From Casetext: Smarter Legal Research

Medina v. State

District Court of Appeal of Florida, Second District
Aug 26, 1992
604 So. 2d 30 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-02835.

August 26, 1992.

Appeal from the Circuit Court, Hillsborough County, Manuel Menendez, Jr., J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


Appellant argues that the court had no authority to impose probation beyond the maximum statutorily permissible term. We agree.

Appellant was convicted of grand theft, a third degree felony, the statutory maximum for which is five years. §§ 812.014(2) and 775.082(3)(d), Fla. Stat.(1989). From January 18, 1990 to August 13, 1991, a period of one year and two hundred and seven days, appellant was on probation. Appellant violated his probation and, on August 13, 1991, the court imposed two years community control followed by two years probation on the grand theft conviction. This illegally extended appellant's probation by two hundred and seven days. See Servis v. State, 588 So.2d 290 (Fla. 2d DCA 1991).

Appellant also argues that the court erred by imposing certain special conditions of probation without orally announcing them. He objects to other conditions as being vague or improper. However, appellant failed to either object or file a motion to strike, and has waived these arguments on appeal. See Brunson v. State, 537 So.2d 692 (Fla. 1st DCA 1989).

We vacate appellant's sentence and remand for proceedings consistent herewith.

PARKER and BLUE, JJ., concur.


Summaries of

Medina v. State

District Court of Appeal of Florida, Second District
Aug 26, 1992
604 So. 2d 30 (Fla. Dist. Ct. App. 1992)
Case details for

Medina v. State

Case Details

Full title:JOSE MEDINA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 26, 1992

Citations

604 So. 2d 30 (Fla. Dist. Ct. App. 1992)

Citing Cases

Summers v. State

These issues deal with the propriety of habitualizing the appellant and then imposing probationary terms,…

Savery v. Secretary, Department of Corrections

Petitioner did not raise the issue of the constitutionality of Florida Statute § 794.0235(1)(b) at sentencing…