JOLLY v. STATE

No. 96-01654.

699 So.2d 303 (1997)

Oscar JOLLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for appellee.


FULMER, Judge.

Oscar Jolly argues on appeal that the split sentence imposed upon revocation of his probation is illegal because, when combined with time already spent on probation, it exceeds the fifteen-year statutory maximum. We agree.

On May 31, 1994, Jolly was sentenced to time served, which was approximately ten months in the county jail, followed by ten years' probation. On March 20, 1996, the trial court revoked Jolly's probation for committing a new...

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