Opinion
No. 87-3105.
July 25, 1989.
An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.
Before FERGUSON, COPE and GERSTEN, JJ.
A "split sentence" of probation and incarceration cannot exceed the maximum term of imprisonment for the offense charged. State v. Holmes, 360 So.2d 380 (Fla. 1978). In modifying and extending the defendant's probationary period, the court imposed the functional equivalent of a seven-year sentence for an offense which is punishable by a maximum five-year sentence. The State concedes the error.
Reversed and remanded for a correction of the sentence.