JIMMIE LEE HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant seeks review of a revocation of probation and a sentence of six months in the Dade County Jail to be followed by a one year probation. It is urged that the evidence of the violation of probation was insufficient, but we find that the evidence before the trial judge is adequate inasmuch as the trier of fact may consider and reject evidence which is contrary to that of the State’s witnesses. See State v. Young, Fla.1968, 217 So. 2d 567.
The State concedes and we find that the sentence is illegal. See Fla.Stat. § 948.01(4), F.S.A. See also Williams v. State, Fla.App.1973, 280 So. 2d 518. Thereupon, the judgment is affirmed, and the sentence is amended by striking therefrom the provision for probation, and as amended the sentence is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…probation. This Williams deci [*23] sion was followed by the Third District in Reynolds v. State, 293 So. 2d 743 (Fla. App.3d 1974); Bryant v. State, 290 So. 2d 122 (Fla.App.3d 1974); Kohn v. State, 289 So. 2d 48 (Fla.App.3d 1974); Harris v. State, 288 So. 2d 552 (Fla.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. Stat…
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Lewis v. State, 298 So. 2d 540 (Fla. 4th DCA 1974)…of a portion of the sentence imposed upon the defendant.” Id. at 519. and held that the probationary period could only be within the one year sentence. Williams was followed by Bryant v. State, 290 So. 2d 122 (3d D.C.A. Fla.1974); Harris v. State, 288 So. 2d 552 (3d D.C.A. Fla.1974); Kohn v. State, 289 So. 2d 48 (3d D.C.A. Fla.1974); McNeill v. State, 287 So. 2d 745 (3d D.C.A. Fla.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…
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Durham v. State, 304 So. 2d 146 (Fla. 3d DCA 1974)…withheld. The procedure in this court has been to amend the illegal sentence by striking the provision for probation and to affirm the remainder of the sentence as modified. Kohn v. State, Fla.App. 1974, 289 So. 2d 48; Harris v. State, Fla.App.1974, 288 So. 2d 552. At this juncture, it becomes necessary to decide whether to follow our above stated procedure as to the original sentence, or whether the second sentence, five years in the state penitentiary, was proper and will stand. The state contends that si…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Young, 217 So. 2d 567 (Fla. 1968)
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)