THE STATE OF FLORIDA, APPELLANT,
v.
HAROLD A. GREENE, APPELLEE
ORDER ON MANDATE
Whereas, the judgment of this court was entered on April 20, 1971 (247 So.2d 102) reversing the order of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment dated May 24, 1972 (263 So.2d 194) now lodged in this court, Quashed this court’s judgment with directions to reinstate the order and judgment of the criminal court dismissing all charges against the petitioner;
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on May 13, 1971 is withdrawn, the judgment of this court filed April 20, 1971 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the order of the criminal court dismissing all charges against the petitioner is reinstated and affirmed. Costs allowed shall be taxed in the criminal court (Rule 3.16, subd. b, Florida Appellate Rules).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sturn v. State, 295 So. 2d 713 (Fla. 2d DCA 1974)…ourt in Harris, supra, that such a sentence is legal. Affirmed. MANN, C. J., and HOBSON, J., concur. . Dancy v. State, Fla.App.3rd, 1972, 259 So. 2d 208; Robinson v. State, Fla.App.3rd, 1972, 256 So. 2d 390; Martinez v. State, Fla.App. 3rd, 1972, 266 So. 2d 392; Boyd v. State, Fla.App.3rd, 1973, 272 So. 2d 858; Jackson v. State, Fla.App.3rd, 1974, 293 So. 2d 136…
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Owens v. State, 306 So. 2d 176 (Fla. 4th DCA 1975)…e defendant and find them to be without merit. However, the court, sua [*177] sponte, notes that the portion of the sentence placing the defendant on probation is an illegal sentence. Boyd v. State, 272 So. 2d 858 (Fla.App. 1973); Martinez v. State, 266 So. 2d 392 (Fla.App.1972); Dancy v. State, 259 So. 2d 208 (Fla.App.1972); Robinson v. State, 256 So. 2d 390 (Fla.App.1972). Accordingly, the judgment is affirmed, the sentence to pay $5,000 or in default thereof, serve five years in the state correctional sys…
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Craft v. State, 300 So. 2d 307 (Fla. 2d DCA 1974)…lly, appellant contends that the sentence to three years probation, commencing subsequent to his release from the penitentiary, is invalid. Appellant relies on Boyd v. State, Fla.App.3rd 1973, 272 So. 2d 858, and Martinez v. State, Fla.App.3rd 1972, 266 So. 2d 392, for the proposition that a sentence to the state prison cannot be followed by a period of probation. In each of those cases, while there were several offenses involved, there was only one sentence and the appellate court struck the illegal portion…
Authorities Cited
- State v. Greene, 247 So. 2d 102 (Fla. 3d DCA 1971)
- Greene v. State, 263 So. 2d 194 (Fla. 1972)