TOMMY CUMMINGS, APPELLANTS, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
TOMMY CUMMINGS, APPELLANTS, APPELLANTS,
THE STATE OF FLORIDA, APPELLEE
310 So. 2d 374
Florida District Court of Appeal, Third District (1975)
Positive Treatment
Cited by 4 cases
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Opinion of the Court
PER CURIAM.
The appellant, Tommy Cummings, has questioned the propriety of an order of the trial court which stayed imposition of a sentence and placed him on probation for a period of three years. As a condition thereof, the appellant was to serve one year in the county jail.
This court, in Green v. State, Fla.App.1975, 310 So. 2d 373 was confronted with the identical question raised herein and found the sentence to be illegal.
Therefore, based on the reasons and conclusions set forth in Green v. State, supra, the sentence appealed is reversed and this cause remanded to the trial court for proper sentencing in accordance therewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Cummings, 327 So. 2d 28 (Fla. 1976)…OVERTON, Justice. This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 310 So. 2d 374 (Fla.App.3d 1975). The District Court’s decision held illegal a probation order which placed the defendant on probation for three years conditioned upon the defendant serving one year in the county jail. The decision is in conflict with our recent d…
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Cummings v. State, 329 So. 2d 42 (Fla. 3d DCA 1976)…PER CURIAM. WHEREAS, the judgment of this court was entered on February 18, 1975 (310 So. 2d 374) reversing the sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment [*43] filed January 14, 1976…
Authorities Cited
- Green v. State, 310 So. 2d 373 (Fla. 3d DCA 1975)