DOROTHY HARRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DOROTHY HARRELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
308 So. 2d 51
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant’s arguments on appeal are without merit. However, it appears the sentencing of sixty days in jail, with thirty days thereof suspended, followed by two years probation was contrary to Fla.Stat. § 948.01(4) (1973). Consequently, the cause is hereby remanded for resentencing in accordance with the rationale of Hults v. State, Fla.App .2d, 1975, 307 So. 2d 489.
McNULTY,. C. J., and HOBSON and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…ment followed by three years probation because the trial judge failed to stay any portion of the sentence at the initial sentencing proceeding. A similar result was reached.in Woodruff v. State, 309 So. 2d 55 (Fla.App.2d 1975), and Harrell v. State, 308 So. 2d 51 (Fla.App.2d 1975). In Ivey v. State, 308 So. 2d 565 (Fla.App.2d 1975), the Second District, citing Section 948.06(2), Florida Statutes, held the time spent in jail pursuant to a split sentence alternative was a valid condition of probation and the d…
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Woodruff v. State, 309 So. 2d 55 (Fla. 2d DCA 1975)…se is remanded to the trial court for resentencing in light of the provisions of §§ 948.01(4) and 922.051 F.S. and in accordance with the rationale expressed in Hults v. State, Fla.App.2d 1975, 307 So. 2d 489. See, Harrell v. State, Fla.App.2d 1975, 308 So. 2d 51. Sentence vacated and cause remanded. McNULTY, C. J., and GRIMES, J., concur.…
Authorities Cited
- Hults v. State, 307 So. 2d 489 (Fla. 2d DCA 1975)