RUDOLPH COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-10-15
No. 4-86-0789
GLICKSTEIN, DELL and STONE, JJ„ concur.
495 So. 2d 920 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction but re-mand with direction to strike costs from the written judgment or conduct a hearing in accordance with Jenkins v. State, 444 So. 2d 947 (Fla.1984), should the State request same within thirty days.

GLICKSTEIN, DELL and STONE, JJ„ concur.


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  • Detroy Littles v. State, 515 So. 2d 401 (Fla. 1st DCA 1987)
    …the statutory maximum of five years imprisonment and are, therefore, invalid.1 State v. Holmes, 360 So. 2d 380 (Fla.1978); Lanier v. State, 504 So. 2d 501 (Fla. 1st DCA 1987); Howland v. State, 420 So. 2d 918 (Fla. 1st DCA 1982); Coleman v. State, 495 So. 2d 920 (Fla.2d DCA 1986). The supreme court in Holmes stated that the “combined periods [of incarceration and probation] at the time of the original sentence cannot exceed the maximum period of incarceration provided for the offense charged.” [Emphasis add…

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