Thompson v. State, 618 So. 2d 335 (Fla. 2d DCA 1993). · Go Syfert
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Thompson v. State, 618 So. 2d 335 (Fla. 2d DCA 1993). Cases Citing This Book View Copy Cite
8 citation events across 2 distinct courts.
Strongest positive: King v. State (fla, 1996-10-24)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) King v. State
Fla. · 1996 · confidence medium
McKnight v. State, 616 So.2d 31, 31 (Fla.1993). [9] See Thompson v. State, 618 So.2d 335, 336 (Fla. 2d DCA 1993) (finding split sentence of incarceration under the sentencing guidelines followed by probation as habitual offender to be "illegal hybrid sentence"); Moorer v. State, 614 So.2d 643, 644 (Fla. 2d DCA 1993) (finding similar split sentence to be "improper"); Burrell v. State, 610 So.2d 594, 596 (Fla. 2d DCA 1992) (finding sentencing part of negotiated plea to be voidable because similar split sentence was "illegal sentence"). [10] The cited case involved a different individual from the…
discussed Cited "see" King v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Thompson v. State, 618 So.2d 335, 336 (Fla. 2nd DCA 1993) (rejecting imprisonment under the guidelines coupled with probation as a habitual offender as an “illegal hybrid sentence”); Moorer v. State, 614 So.2d 643 (Fla. 2d DCA 1993); Burrell v. State, 610 So.2d 594 (Fla. 2d DCA 1992).
discussed Cited "see" King v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Thompson v. State, 618 So.2d 335, 336 (Fla. 2nd DCA 1993) (rejecting imprisonment under the guidelines coupled with probation as a habitual offender as an "illegal hybrid sentence"); Moorer v. State, 614 So.2d 643 (Fla. 2d DCA 1993); Burrell v. State, 610 So.2d 594 (Fla. 2d DCA 1992).
Retrieving the full opinion text from the archive…
Michael Anthony THOMPSON, Appellant,
v.
STATE of Florida, Appellee.
93-00976.
District Court of Appeal of Florida, Second District.
May 14, 1993.
618 So. 2d 335
Per Curiam.
Cited by 5 opinions  |  Published

[*336] PER CURIAM.

Thompson appeals the summary denial of his motion for postconviction relief. We reverse and remand for resentencing.

On September 26, 1989, Thompson entered a guilty plea to delivery of cocaine. The trial judge accepted Thompson's plea and determined Thompson to be a habitual offender. The judge then sentenced Thompson to two and one-half years in prison under the sentencing guidelines followed by five years of probation as a habitual offender. In 1990, Thompson violated probation and was sentenced to thirty years in prison.

Thompson claims his prison sentence of two and one-half years followed by five years' probation as a habitual offender is an illegal hybrid sentence. We agree. See Burrell v. State, 610 So.2d 594 (Fla. 2d DCA 1992); Moorer v. State, 614 So.2d 643 (Fla. 2d DCA 1993). Accordingly, we reverse the denial of Thompson's motion and remand for resentencing. On remand, Thompson should be sentenced to a total guidelines sentence increased by one cell for the violation of probation. See Burrell; Williams v. State, 581 So.2d 144 (Fla. 1991).

Because we reverse the denial of Thompson's motion on the illegal sentencing claim, we need not address Thompson's second point.

Reversed and remanded.

CAMPBELL, A.C.J., and SCHOONOVER and PATTERSON, JJ., concur.