EASTON v. STATE

No. 83-2827.

472 So.2d 1369 (1985)

Arthur EASTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 30, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Arthur W. Carter and John H. Lipinski, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

The trial court imposed a twenty-two year sentence, the maximum under the guidelines, and also provided that, if the defendant were to be released by virtue of gain time at any time before he served the entire term, he was to be placed on probation for whatever the length of the remaining period. We conclude that, for two reasons, the order of probation is wholly erroneous and must be stricken.

First, the term is unauthorized by the...

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