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Peeples v. State

District Court of Appeal of Florida, Fifth District
Oct 29, 1979
376 So. 2d 287 (Fla. Dist. Ct. App. 1979)

Opinion

No. NN-189/T1-63.

October 29, 1979.

Appeal from the Circuit Court, St. Johns County, Richard O. Watson, J.

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


This is an appeal from a sentence in an aggravated assault case. Because aggravated assault is a third degree felony the maximum imprisonment to which appellant could be sentenced is five years. Section 784.021, Florida Statutes (1977); Section 775.082(3)(d), Florida Statutes (1977). The trial court erred in sentencing appellant to three years in prison and seven years probation. The total time in prison and on probation cannot exceed the maximum for which the appellant could be imprisoned. Holmes v. State, 343 So.2d 632 (Fla.4th DCA 1977); Moore v. State, 324 So.2d 690 (Fla.1st DCA 1976).

The probation portion of appellant's sentence is hereby reduced to two years.

AFFIRMED as modified.

CROSS, C.J., and McDONALD, PARKER LEE, Associate Judge, concur.


Summaries of

Peeples v. State

District Court of Appeal of Florida, Fifth District
Oct 29, 1979
376 So. 2d 287 (Fla. Dist. Ct. App. 1979)
Case details for

Peeples v. State

Case Details

Full title:ERNEST PEEPLES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 29, 1979

Citations

376 So. 2d 287 (Fla. Dist. Ct. App. 1979)

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