GEORGE BURNS, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR
[*233] Per Curiam.
In this case we find no reversible error revealed by the record to have occurred during-the progress of the trial of the cause, but the record discloses that there was" no adjudication of defendant’s guilt. Therefore, there was no judgment of conviction upon which to base a sentence of imprisonment or otherwise. Aside from this, we deem the language used in imposing the sentence inadequate. See Harris v. State, 75 Fla. 527, 78 So. R. 526; Timmons v. State, filed January 18, 1929, reported 119 So. R. 363; Mathis et al., v. State 67 Fla. 277, 64 So. R. 944.
Reversed and remanded for a proper judgment.
Terrell, C. J., and Whiteield and Bueord, J. J., and Long, Circuit Judge, concur.
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Corn v. State, 332 So. 2d 4 (Fla. 1976)…Haworth v. Chapman, 113 Fla. 591, 152 So. 663 (1933); Hanson v. State, 56 So. 2d 129 (Fla.1952); Overstreet v. Blum, 227 So. 2d 197 (Fla.1969); Hancock v. Sapp, 225 So. 2d 411 (Fla.1989); Rich v. Ryals, 212 So. 2d 641 (Fla.1968). . Burns v. State, 97 Fla. 232, 120 So. 360 (1929); Kuhn v. State, 98 Fla. 206, 123 So. 755 (1929); Ellis v. State, 100 Fla. 27, 129 So. 106 (1930); Anderson v. Chapman, 109 Fla. 54, 146 So. 675 (1933); State ex rel. House v. Mayo, 122 Fla. 23, 164 So. 673 (1935); Finch v. Mayo,…1 / 2
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Anderson v. Chapman, 109 Fla. 54 (Fla. 1933)…, 97 Fla. 23, 119 Sou. Rep. 393; Tootles v. State, 98 Fla. 469, 123 Sou. Rep. 922; Maniscalco v. State, 98 Fla. 468, 123 Sou. Rep. 922; Ex-Parte McDaniel, 86 Fla. 145, 97 Sou. Rep. 317; Mathis v. State, 67 Fla. 277, 64 Sou. Rep. 944; Burns v. State, 97 Fla. 232, 120 Sou. Rep. 360; Ellis v. State, 100 Fla. 27, 129 Sou. Rep. 106. And such a sentence, being void, will not support a writ of error, which if issued thereon, will be quashed. Caughn v. State, 89 Fla. 185, 122 Sou. Rep. 565. In Burns v. State, sup…
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Cancela v. State, 147 Fla. 500 (Fla. 1941)…d and held that the record was sufficient to sustain a judgment of conviction but that the judgment was insufficient and, therefore, we remanded the cause with instructions that the lower court enter a proper verdict. In the case of Burns v. State, 97 Fla. 232, 120 Sou. 360, we said: “In this case we find no reversible error revealed by the record to have occurred during the progress of the trial of the cause, but the record discloses that there was no adjudication of defendant’s guilt. Therefore, there…
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- Mathis v. State, 67 Fla. 277 (Fla. 1914)
- Dunk Harris v. State, 75 Fla. 527 (Fla. 1918)