Waddell v. State

Full title: KEITH WADDELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 3, 1991

577 So. 2d 678 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2236.

April 3, 1991.

Appeal from the Circuit Court for Indian River County; L.B. Vocelle, Judge.

Richard L. Jorandby, Public Defender, and Barbara A. White, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand the appellant's split sentences for resentencing within the maximum penalty of fifteen years imprisonment. The total sanction, incarceration and probation, should not exceed that maximum. See Rule 3.701(d)(12), Florida Rules of Criminal Procedure; Saint v. State, 562 So.2d 866 (Fla. 3d DCA 1990); Weidner v. State, 559 So.2d 705 (Fla. 4th DCA 1990); Baldwin v. State, 558 So.2d 173 (Fla. 5th DCA 1990).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HEREWITH.

ANSTEAD and DELL, JJ., and WALDEN, JAMES H., Senior Judge, concur.