GORDON D. MYLKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an appeal from an order revoking probation and sentencing the appellant to one year in the county jail to be followed by probation for a term of one year. The revocation of probation is affirmed upon authority of the rule stated in Roberts v. State, Fla.App. 1963, 154 So. 2d 695. See also Brill v. State, 159 Fla. 682, 32 So. 2d 607 (1947).
The sentence clearly is excessive. See Hutchins v. State, 3rd D.C.A., 286 So. 2d 244, filed November 6, 1973. See also Williams v. State, Fla.App. 1973, 280 So. 2d 518. Therefore, that portion of the sentence which sentences the appellant to a probationary period is stricken. The order revoking probation is affirmed; the sentence is modified and as modified is affirmed.
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…la.App.3d 1974); McNeill v. State, 287 So. 2d 745 (Fla.App. 3d 1974); Cleveland v. State, 287 So. 2d 347 (Fla.App.3d 1973); Metchik v. State, 286 So. 2d 269 (Fla.App.3d 1973); Hutchins v. State, 286 So. 2d 244 (Fla. App.3d 1973), and Mylks v. State, 285 So. 2d 434 (Fla.App.3d 1973). See also Green v. State, 310 So. 2d 373 (Fla.App.3d 1975), and Durham v. State, 304 So. 2d 146 (Fla.App.3d 1974). In Hutchins v. State, supra, the Third District further interpreted Section 948.-01(4), Florida Statutes (1973), by…
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Lewis v. State, 298 So. 2d 540 (Fla. 4th DCA 1974)…la.1974); Reynolds v. State, 293 So. 2d 743 (3d D.C.A. Fla.1974); Cleveland v. State, 287 So. 2d 347 (3d D.C.A. Fla.1973); Hutchins v. State, 286 So. 2d 244 (3d D.C.A. Fla.1973); Metchik v. State, 286 So. 2d 269 (3d D.C.A. Fla.1973); Mylks v. State, 285 So. 2d 434 (3d D.C.A. Fla.1973). Each of the above cases reflects a sequence of events where the defendant was adjudged to be guilty of the crime charged. A sentence was then imposed, a portion of the sentence being probation. It is our judgment that the abov…
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Reynolds v. State, 293 So. 2d 743 (Fla. 3d DCA 1974)…ouble jeopardy. The motion was denied, and appellant instituted this appeal. In accordance with this court’s holdings in Williams v. State, Fla.App.1973, 280 So. 2d 518; Hutchins v. State, Fla.App.1973, 286 So. 2d 244; Mylks v. State, Fla.App.1973, 285 So. 2d 434, and other cases, we reverse. The sentence imposing six months in the county jail, absent the suspension of any portion thereof, to be followed by two years on probation, was clearly in violation of Fla.Stat. § 948.01(4), F.S.A.1 The state in this…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brill v. State, 159 Fla. 682 (Fla. 1947)
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)
- Gonzalez v. State, 159 Fla. 681 (Fla. 1947)
- Hutchins v. State, 286 So. 2d 244 (Fla. 3d DCA 1973)
- Roberts v. State, 154 So. 2d 695 (Fla. 2d DCA 1963)