ALBERT THEODORE MANTOOTH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALBERT THEODORE MANTOOTH, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
407 So. 2d 1003
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We find no reversible error in the trial proceedings, so the judgment of conviction is affirmed.
Appellant is correct, however, in his assertion that the sentence of five years in prison followed by three years of probation violates the dictates of Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981). The sentence is therefore vacated and the cause remanded for résen-tencing.
Judgment AFFIRMED. Sentence VACATED and REMANDED.
ORFINGER, SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. State, 412 So. 2d 47 (Fla. 5th DCA 1982)…torily entitled to be sentenced as a youthful offender, unless he had been previously found guilty of a felony or had been adjudicated guilty for an act which would be a capital, life or first degree felony if committed by an adult. Durden v. State, 407 So. 2d 1003 (Fla. 5th DCA 1981). Although the record indicates that appellant did have a prior record, there is nothing in the record before us to evidence the nature of his prior crimes or delinquent acts. The judgment of conviction is affirmed, but the se…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)