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WEIDNER v. STATE

No. 89-1469.

559 So.2d 705 (1990)

Richard WEIDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The state concedes and we agree the trial court erred in imposing appellant's probationary split sentence of two years' imprisonment followed by fifteen years' probation for the crime of aggravated battery. A trial court may impose a probationary split sentence for any length of time provided by law so long as the incarcerative portion does not exceed the guidelines, assuming no valid reason for departure exists. Franklin v. State,

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