Maynard v. State

Full title: RONALD JOSEPH MAYNARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 17, 1990

561 So. 2d 449 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1223.

May 17, 1990.

Appeal from the Circuit Court, Osceola County, Belvin Perry, Jr., J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Maynard appeals his sentence imposed after he pled guilty to second degree murder.¹ The trial judge sentenced him to 22 years in prison, provided that if he is released early, he must serve the balance of the 22 years on probation. "Probation will commence upon release from prison in this case. To terminate 5-24-2011."

1 § 782.04(3), Fla. Stat. (1989).

This type of sentence is illegal because the term of probation is not definite and certain. Heuring v. State, 559 So.2d 207 (Fla. 1990); Fisher v. State, 559 So.2d 362 (Fla. 5th DCA 1990). Accordingly we quash the sentence and remand for resentencing.

Sentence QUASHED; REMANDED.

GOSHORN and HARRIS, JJ., concur.