SAMMY HARDEN AND ARRINGTON ROLLE, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that Harden's sentence, including probation, was not authorized by statute and must be modified.
Appellants were convicted of various offenses. Harden received a sentence of jail time followed by probation, which he later moved to mitigate.…
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HENDRY, Judge.
This is a consolidated appeal by the two appellants, defendants in the trial court, from jury convictions and the sentences thereon.
Appellant, Arrington Rolle, was convicted for resisting arrest with violence, aggravated assault and drunkenness. He was sentenced to five years in the state penitentiary on the first charge and six months on each of the latter two charges. The sentences were ordered to run concurrently-
Appellant, Sammy Harden, was found guilty of only resisting arrest with violence and sentenced to 360 days in the county jail followed by four years probation. Subsequently, the court granted Harden’s motion to mitigate and vacated the jail sentence.
Appellants have 'raised a total of six points on appeal. The first five points lack substantial merit. See, Spencer v. State, Fla.1961, 133 So. 2d 729; Giblin v. City of Coral Gables, Fla.1963, 149 So. 2d 561; Loprince v. State, Fla.App.1969, 218 So. 2d 212; State v. Whitter, Fla.App.1971, 245 So. 2d 913; Tarpley v. State, Fla.App. 1972, 258 So. 2d 301.
The sixth point, raised by appellant Harden, does have merit. His sentence to 360 days in county jail, followed by four years probation, is not authorized by Fla. Stat. § 948.01(4), F.S.A.; and therefore, the sentence for appellant Harden must be modified to eliminate the provision for probation. E. g., 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; Metchik v. State, Fla.App.1973, 286 So. 2d 269.
The judgments and sentences appealed are in all other respects affirmed.
Affirmed.
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Citator
Cited By
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State v. Harden, 304 So. 2d 451 (Fla. 1974)…Certiorari denied. 293 So. 2d 741. ERVIN, BOYD, McCAIN and DEKLE, JJ., concur. ADKINS, C. J., and ROBERTS and OVERTON, JJ., dissent.…
Authorities Cited
- Emmitt Monroe Spencer v. State, 133 So. 2d 729 (Fla. 1961)
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)
- Hutchins v. State, 286 So. 2d 244 (Fla. 3d DCA 1973)
- Loprince v. State, 218 So. 2d 212 (Fla. 3d DCA 1969)
- Giblin v. The City OF Coral Gables, 149 So. 2d 561 (Fla. 1963)
- Tarpley v. State, 258 So. 2d 301 (Fla. 3d DCA 1972)
- Mylks v. State, 285 So. 2d 434 (Fla. 3d DCA 1973)
- Metchik v. State, 286 So. 2d 269 (Fla. 3d DCA 1973)
- State v. Ossie Whitter, 245 So. 2d 913 (Fla. 3d DCA 1971)