MAIER v. STATE

No. 2D98-2043.

775 So.2d 310 (2000)

Leo F. MAIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 18, 2000.


Attorney(s) appearing for the Case

Toby Isaacson, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Leo F. Maier contends the trial court erred when sentencing him after a violation of probation. The State concedes it was error to fail to reduce the probationary portion of the sentence by time previously served on probation, resulting in a sentence of incarceration and probation that exceeds the statutory maximum. See State v. Summers, 642 So.2d 742 (Fla. 1994). We remand for the trial court to amend the sentence...

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