RONALD STURN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A term of imprisonment can legally be followed by probation for a different offense.
Appellant pled guilty to breaking and entering, aggravated assault, and uttering a forged instrument. He received a prison sentence for the first two …
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BOARDMAN, Judge.
The appellant, Ronald Sturn, after plea bargaining, pled guilty to breaking and entering with intent to commit a felony, aggravated assault and uttering and passing a forged instrument. In exchange for the guilty plea, knowingly and understandingly entered, to these charges, other criminal charges pending against appellant were nol-prossed by the state. Sturn was adjudged guilty and sentenced to seven years in the state prison on the breaking and entering charge and aggravated assault and, sentenced to three years probation for the offense of uttering and passing a forged instrument to commence upon the completion of the prison term.
Appellant raises three points on appeal, only one of which merits discussion. On the rationale of a line of Third District cases appellant attacks the legality of imposition of probation after the completion of his term in prison.1 The cases cited by appellant are not on point in that they deal with situations in which a term of prison and probation were imposed for a single offense. Such is not the case here.
The Fourth District held in Harris v. State, Fla.App. 4th, 1973, 278 So. 2d 306, that a term of imprisonment could properly be followed by probation on different charges. Accordingly, we conclude as did the court 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
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Craft v. State, 300 So. 2d 307 (Fla. 2d DCA 1974)…circumstances, and placing a defendant on probation under the second judgment to commence upon his release from prison under the first judgment [*309] and sentence. Harris v. State, Fla.App.4th 1973, 278 So. 2d 306; Sturn v. State, Fla. App.2d 1974, 295 So. 2d 713. The judgments and sentences appealed are Affirmed. McNULTY and 'GRIMES, JJ., concur. . Sec. 948.01(4) F.S. has since been amended by Ch. 74r-112, Laws of Florida, 1974, which became effective on July 1,1974.…
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Austile v. State, 301 So. 2d 30 (Fla. 2d DCA 1974)…properly imposed as to a separate offense which arose out of a different transaction, although the period of probation begins to run upon completion of the sentence imposed for the offense of breaking and entering. Sturn v. State, Fla.App.2d, 1974, 295 So. 2d 713; Harris v. State, Fla.App. 4th, 1973, 278 So. 2d 306. Affirmed. MANN, C. J., and BOARDMAN and GRIMES, JJ., concur.…
Authorities Cited
- Robinson v. State, 256 So. 2d 390 (Fla. 3d DCA 1972)
- Dancy v. State, 259 So. 2d 208 (Fla. 3d DCA 1972)
- Williams v. State, 272 So. 2d 858 (Fla. 1st DCA 1972)
- Wilmer J. Harris v. State, 278 So. 2d 306 (Fla. 4th DCA 1973)
- Jackson v. State, 293 So. 2d 136 (Fla. 3d DCA 1974)
- State v. Greene, 266 So. 2d 392 (Fla. 3d DCA 1972)
- Perfecto Martinez v. State, 266 So. 2d 392 (Fla. 3d DCA 1972)