PERFECTO MARTINEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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By this appeal we are called upon to review the propriety of a conviction and sentence [eighteen months in the State penitentiary and five years’ probation], entered after a nolo contendere plea to certain charges alleging a violation of the narcotics laws of this State.
We have examined the points on appeal raised by the appellant and find them to be without merit. However, the court, sua sponte, notes that a portion of the sentence, placing the appellant on probation, is an illegal sentence [Robinson v. State, Fla.App.1972, 256 So.2d 390] and said sentence be and the same is hereby modified by striking the illegal portion relating to the probation therefrom. As modified, the judgment of conviction and sentence be and the same is hereby affirmed.
Affirmed as modified.
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Citator
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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
- Robinson v. State, 256 So. 2d 390 (Fla. 3d DCA 1972)