In light of King v State, 681 so. 2d 1136 (Fla.1996), can a Habitual 9 term prison sentence be imposed and then followed by 1 Year Community...

Question

In light of King v State, 681 so. 2d 1136 (Fla.1996), can a Habitual 9 term prison sentence be imposed and then followed by 1 Year Community Control and then followed by 18 months probation following a jury trial?

Answer

One would need to know more to properly answer your question. The King case does not make such a sentence illegal. In fact, here is a direct quote straight from the King case, "Under this definition, a hybrid split sentence of incarceration under the guidelines followed by probation as an habitual offender, although not authorized by statute or rule, is not an illegal sentence unless the total sentence imposed exceeds the statutory maximum for the particular offense at issue."

In other words, assume there were 9 second degree felonies that were habitualized making each punishable by up to 30 years prison, then in theory you could be sentenced to 15 years prison, followed by 15 years community control and another 240 years of probation. Then if you violate, you would face up to 255 years in prison. So, in short, King does not change your sentence imposed.