No. 98-2290.

717 So.2d 165 (1998)

Mark SCHIMPF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 16, 1998.

Attorney(s) appearing for the Case

Mark Schimpf, Perry, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine Thompson, Assistant Attorney General, West Palm Beach, for appellee.


Appellant claimed in his motion to correct sentence that his total split sentence of four years of imprisonment followed by four years of probation for the third degree felony of grand theft exceeded the five year statutory maximum and was therefore illegal. See Davis v. State, 661 So.2d 1193, 1196 (Fla. 1995). While the state agreed, the trial court mistakenly entered an order correcting a different sentence, which was ordered to run concurrently with the illegal sentence.

We remand the case for the trial court to resentence appellant in connection with Count I of case number 94-1044. The new sentence for that count shall not exceed five years.

WARNER, POLEN and TAYLOR, JJ., concur.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases