ROLANDO RODRIGUEZ, A/K/A ROBERTO TORRES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of this appeal, and the appellant having failed to respond thereto, on consideration thereof upon full examination of the proceedings we conclude that, with respect to the merits, the appeal is wholly frivolous. The imposition of a three year term in prison as a condition of ten years probation in Case No. 72-5858 is reversed and that case only is remanded for resentencing on the authority of Villery v. Florida Parole & Probation Commission (Fla.1980) and Cunningham v. State, 385 So. 2d 721 (Fla.3d DCA 1980). The public defender’s said motion to withdraw is granted and the orders and judgments appealed are otherwise hereby affirmed.
Affirmed in part, reversed in part.
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Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)…us to deny review. Accordingly, we reverse the eighteen-month term of imprisonment imposed as a condition of probation and remand for re-sentencing in accordance with Villery v. Florida Parole & Probation Commission, supra. See Rodriguez v. State, 390 So. 2d 143 (Fla. 3d DCA 1980). Affirmed in part; reversed in part. . Even before Villery, we held that a prison sentence not reasonably related to the purpose of probation was illegal. Cunningham v. State, 385 So. 2d 721 (Fla. 3d DCA 1980); Freeman v. State,…
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Williams v. State, 403 So. 2d 430 (Fla. 3d DCA 1981)…lery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1980), holding that incarceration which exceeds one year is unlawful as a condition of probation. See also Gonzalez v. State, 392 So. 2d 334 (Fla.3d DCA 1981); Rodriguez v. State, 390 So. 2d 143 (Fla.3d DCA 1980). Affirmed in part, reversed in part and remanded for sentencing. . The exceptions listed in Benefield, supra, are: (1) where the person within already knows of the officer’s authority and purpose; (2) where the officers are justi…
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Spencer v. State, 395 So. 2d 1263 (Fla. 3d DCA 1981)…d Probation Commission, 396 So. 2d 1107 (Fla.1980), our Supreme Court has held that a probation condition of incarceration which equals or exceeds one year is invalid. Accord, Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981); Rodriguez v. State, 390 So. 2d 143 (Fla. 3d DCA 1980). Accordingly, we reverse the six year term of imprisonment imposed as a condition of probation and remand for resentenc-ing in accordance with Villery, supra. Affirmed in part; reversed in part.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Cunningham v. State, 385 So. 2d 721 (Fla. 3d DCA 1980)