ERIC MALLON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1993-12-03
No. 92-2945
DAUKSCH, GOSHORN and PETERSON, JJ., concur.
626 So. 2d 1125 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Eric Mallon appeals his sentence of life imprisonment with a minimum mandatory 25 years followed by 20 years’ probation. The State correctly concedes the probationary portion of Mallon’s sentence is error. Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991); Dirk v. State, 478 So. 2d 1190 (Fla. 5th DCA 1985). Accordingly, Mallon’s sentence is corrected to delete the 20 year term of probation.

Conviction AFFIRMED, Sentence as amended AFFIRMED.

DAUKSCH, GOSHORN and PETERSON, JJ., concur.


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  • Mallon v. State, 939 So. 2d 198 (Fla. 5th DCA 2006)
    …inimum mandatory of 25 years. That will be followed by 20 years of probation as concurrent on counts one and two.” Parenthetically, we note that the 20-year term of probation was stricken from Mallon's sentence in his direct appeal. Mallon v. State, 626 So. 2d 1125 (Fla. 5th DCA 1993).…

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