CLEVELAND BRYANT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed probation revocation and 18-month penitentiary sentence because the original sentences improperly combined county jail time with probation, which violates Fla. Stat. § 948.01(4).
A sentence combining a designated term in county jail followed by probation is not authorized under Fla. Stat. § 948.01(4).
[1] A sentence combining a designated term in county jail with a period of probation is not authorized by Fla. …
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Join FLexlaw to unlock all legal intelligenceDefendant pleaded guilty to grand larceny and carrying a concealed firearm, receiving sentences of 88 days plus five years probation on the first coun…
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PER CURIAM.
Defendant-appellant was informed against and pled guilty to (1) grand larceny and (2) cárrying a concealed firearm. He was sentenced to 88 days in the Dade County Jail plus five years probation thereafter on the first count, and 23 days in the county jail and five years probation thereafter on the second charge. Subsequently, an affidavit of probation violation was filed and a hearing held thereon. The court revoked appellant’s probation and sentenced him to serve 18 months in the state penitentiary.
Defendant-appellant raises two points on appeal neither of which necessitates the court’s consideration as the original sentences imposed in the case sub judice are patently illegal.
This court repeatedly has made it absolutely clear that a designated sentence to the county jail followed by a period of probation is not authorized by Fla.Stat. § 948.01(4), F.S.A. See Williams v. State, Fla.App.1973, 280 So. 2d 518; Hutchins v. State, Fla.App. 1973, 286 So. 2d 244; Cleveland v. State, Fla.App.1973, 287 So. 2d 347; Kohn v. State, Fla.App. 1974, 289 So. 2d 48.
Accordingly, the provisions in the original sentences for probation are stricken and hence the order revoking probation and sentence of 18 months in the state-penitentiary for violation thereof is hereby reversed.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…hold a portion of the county jail,sentence in order to impose any punishment for a violation of the 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…
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Lewis v. State, 298 So. 2d 540 (Fla. 4th DCA 1974)…of probation the trial court must withhold imposition 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…
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Fuller v. State, 294 So. 2d 367 (Fla. 3d DCA 1974)…nt on two years probation. In accordance with our holdings in e. g., Williams v. State, Fla.App. 1973, 280 So. 2d 518; Hutchins v. State, Fla.App.1973, 286 So. 2d 244; Cleveland v. State, Fla.App.1973, 287 So. 2d 347; Bryant v. State, Fla.App.1974, 290 So. 2d 122, we hold that the sentence in case number 71-8873-A was illegal, and hence the sentence imposed by the trial court after revoking probation in that case must be eliminated. The appellant also argues that the revocation of probation in the other two…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)
- Hutchins v. State, 286 So. 2d 244 (Fla. 3d DCA 1973)
- Kohn v. State, 289 So. 2d 48 (Fla. 3d DCA 1974)
- Hines v. State, 289 So. 2d 48 (Fla. 2d DCA 1974)
- Cleveland v. State, 287 So. 2d 347 (Fla. 3d DCA 1973)
- Dachton v. State, 287 So. 2d 347 (Fla. 3d DCA 1973)