PETER D. OWENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant-defendant, Peter D. Owens, was convicted in the circuit court of manslaughter. Following conviction, defendant was sentenced to pay $5,000, or in default thereof, serve five years in the state correctional system to be followed by eight years on probation.
We have examined the points on appeal raised by the defendant and find them to be without merit. However, the court, sua sponte, notes that the portion of the sentence placing the defendant on probation is an illegal sentence. Boyd v. State, 272 So. 2d 858 (Fla.App. 1973); Martinez v. State, 266 So. 2d 392 (Fla.App.1972); Dancy v. State, 259 So. 2d 208 (Fla.App.1972); Robinson v. State, 256 So. 2d 390 (Fla.App.1972).
Accordingly, the judgment is affirmed, the sentence to pay $5,000 or in default thereof, serve five years in the state correctional system is affirmed, and that portion of the sentence providing for eight years probation after the prison term is vacated.
Judgment affirmed; sentence amended, and as amended, affirmed.
WALDEN, CROSS and DOWNEY, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wildie v. State, 326 So. 2d 198 (Fla. 4th DCA 1976)…stands convicted occurred on January 2, 1974. The punishment in effect at the time of the crime is that under which a convicted person should be sentenced. Castle v. State, 305 So. 2d 794 (Fla.App. 4th 1974). Appellant, relying upon Owens v. State, 306 So. 2d 176 (Fla. App. 4th 1975) and cases therein cited, contends that the portion of the sentence providing for probation is void and should be stricken. Appellant’s contention is correct to -the extent that a sentence for an offense occurring prior to the ef…
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)
- State v. Greene, 266 So. 2d 392 (Fla. 3d DCA 1972)
- Perfecto Martinez v. State, 266 So. 2d 392 (Fla. 3d DCA 1972)