CLARENCE E. WOODRUFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentence imposed was invalid because it did not comply with the statutory requirement to withhold imposition of a portion of the sentence when imposing probation.
Appellant pleaded guilty to breaking and entering an automobile and received a sentence of 90 days jail followed by three years probation. This senten…
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HOBSON, Judge.
Appellant Woodruff appeals a judgment and sentence upon his plea of guilty to the crime of breaking and entering an automobile, contending that the sentence imposed is invalid. We agree.
The trial judge sentenced Woodruff to 90 days in the county jail to be followed by three years probation. This was contrary to the authority granted by § 948.01(4) F. S.
In Williams v. State, Fla.App.3rd 1973, 280 So. 2d 518, it was pointed out that the language of § 948.01(4) F.S. makes it clear that in order to impose a valid term of probation under said section the trial court must withhold imposition of a portion of the sentence imposed upon the defendant.
The cause 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Jones, 327 So. 2d 18 (Fla. 1976)…held illegal and void a sentence of 18 months imprisonment 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 a…
Authorities Cited
- Williams v. State, 280 So. 2d 518 (Fla. 3d DCA 1973)
- Hults v. State, 307 So. 2d 489 (Fla. 2d DCA 1975)
- Harrell v. State, 308 So. 2d 51 (Fla. 2d DCA 1975)