ARTHUR YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEES

Fla. 4th DCA | 1981-10-14
No. 80-2104
DOWNEY and GLICKSTEIN, JJ., and DANIEL S. PEARSON, Associate Judge, concur.
404 So. 2d 847 Florida District Court of Appeal, Fourth District (1981) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant raises several points on appeal, only one of which has merit. Appellant’s sentence for criminal conspiracy, providing for three years of incarceration to be followed by two years of probation, violates the requirements announced in Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981) because the period of incarceration exceeds one year. Consequently, we reverse and remand for imposition of a sentence consistent with those requirements. Otherwise, the judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DOWNEY and GLICKSTEIN, JJ., and DANIEL S. PEARSON, Associate Judge, concur.


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  • Lauda v. H. F. Mason Equip. Corp., 407 So. 2d 392 (Fla. 3d DCA 1981)
    …Inc. v. Askew, 314 So. 2d 254 (Fla. 1st DCA 1975). Howell’s motion to dismiss must be denied in any event, since Howell was not a defendant in Count V, and the trial court’s actions completely disposed of the action against him. See Hamer v. Kahn, 404 So. 2d 847 (Fla. 4th DCA 1981). This is not an instance in which Lauda attempted to voluntarily dismiss one of several defendants. Compare Cooper v. Carroll, 239 So. 2d 511 (Fla. 3d DCA 1970), with Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc., 474 F.…
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