NATHANIEL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
Defendant-Appellant was convicted on a jury verdict of the misdemeanor of resisting arrest without violence after having been tried for the higher offense of resisting arrest with violence. The Defendant was sentenced to serve the maximum amount of time in jail, one year, and was placed on probation for a period of three years after he had served three months of the said jail term. An illegal sentence. Holmes v. State, 343 So. 2d 632, Fla.4th DCA, Opinion filed February 11, 1977; State v. Jones, 327 So. 2d 18 (Fla.1976); Moore v. State, 324 So. 2d 690 (Fla.1st DCA 1976); Watts v. State, 328 So. 2d 223 (Fla.2d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla.2d DCA 1976).
The sentence is modified to reduce the period of probation from three years to nine months.
The Judgment and Sentence are AFFIRMED AS MODIFIED.
ALDERMAN and LETTS, JJ., concur.
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Bishop v. State, 366 So. 2d 540 (Fla. 1st DCA 1979)…briefs, we find no error in the revocation of probation. We note, however, that the judgment entered on the original charge of receiving stolen property did not recite the material element of knowledge that the property was stolen. Brinson v. State, 345 So. 2d 780 (Fla. 4th DCA 1977). The judgment is hereby amended to show a judgment and conviction of receiving stolen property with knowledge that the property was stolen and the judgment as amended is affirmed. MILLS, Acting C. J., and SMITH and MELVIN, JJ.,…
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Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977)…Fla. 3d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977); Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977); Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977); Walker v. State, 345 So. 2d 780 (Fla. 4th DCA 1977); Wright v. State, 345 So. 2d 782 (Fla. 4th DCA 1977). The sentence provides that Jabbour serve the three years imprisonment “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides…
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Newman v. State, 361 So. 2d 731 (Fla. 4th DCA 1978)…fers the same technical defect as the judgment in Spurlock v. State, 281 So. 2d 586 (Fla. 4th DCA 1973) in that it fails to recite knowledge on the defendant’s part. Therefore, I would remand for the entry of a new proper judgment. Brinson v. State, 345 So. 2d 780 (Fla. 4th DCA 1977).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)
- Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977)
- Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976)
- Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976)