HERMAN W. ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERMAN W. ROSS, APPELLANT,
STATE OF FLORIDA, APPELLEE
100 So. 2d 87
Florida District Court of Appeal, First District (1958)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant was convicted of an attempt to commit incest (§ 776.04(2), F.S.19S5, F. S'.A.) and sentenced to imprisonment in the state penitentiary for a term of ten years, whereas the statute limits punishment for such crime at not to exceed five years in the state prison, or not to exceed one year in the county jail. Other matters argued on appeal are without merit.
The sentence is vacated and the cause remanded, with directions that appellant be produced before the trial court and sentenced according to law, having consideration for the period of imprisonment he has served since imposition of the erroneous sentence. The judgment is otherwise affirmed.
STURGIS, €. J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.
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Ogilvie v. State, 181 So. 2d 710 (Fla. 2d DCA 1966)…tence which can be imposed for the attempt is five years. Section 776.04(2), Fla.Stats., F.S.A. Since maximum sentence for attempted robbery is five years, we must remand to the sentencing court for proper sentence. Cf. Ross v. State, Fla.App. 1958, 100 So. 2d 87. We. affirm the order as it denies relief on the ground of lack of counsel. However, in view of our finding that the sentence is excessive, we remand with directions that sentence be set aside, and the petitioner (defendant) be sentenced according…