CARL F. GERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1980-04-09
No. 78-1943
ANSTEAD, MOORE and HERSEY, JJ., concur.
382 So. 2d 146 Florida District Court of Appeal, Fourth District (1980) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review we find no error by the trial court except in entering a single order of probation for two offenses contrary to this court’s holding in Pearson v. State, 371 So. 2d 569 (Fla.4th DCA 1979). Accordingly, the judgments of conviction are affirmed but this cause is hereby remanded to the trial court with directions that separate orders of probation for each offense be entered in accordance with this opinion.

ANSTEAD, MOORE and HERSEY, JJ., concur.


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  • Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981)
    …held that the same reasoning applied to probation orders. We agree. [*70] The judgment of conviction is affirmed, but this cause is remanded to the trial court with directions to enter separate probation orders for each offense. See German v. State, 382 So. 2d 146 (Fla. 4th DCA 1980). AFFIRMED and REMANDED with directions. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.…
  • Cervantes v. State, 415 So. 2d 105 (Fla. 3d DCA 1982)
    …gnize that our holding here is in conflict with decisions rendered by two of our distinguished sister district courts of appeal, McCrae v. State, 400 So. 2d 175 (Fla. 5th DCA 1981); Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981); German v. State, 382 So. 2d 146 (Fla. 4th DCA 1980); Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979) and regret that we cannot follow these decisions because, in our view, they mistakenly assume that a probationary order is a sentence. Second, the probationary order is not…

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