EUGENE S. BOWNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sentence imposed was illegal and excessive, requiring resentencing.
Appellant was convicted of attempted burglary (first-degree misdemeanor) and petit larceny (second-degree misdemeanor). The sentences imposed exceeded…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Excessive Sentence cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal of an illegal sentence and we remand for resentencing.
This Appellant was convicted of a first degree misdemeanor, attempted burglary, and a second degree misdemeanor, petit larceny. On the first degree misdemeanor he was sentenced to one year in the county jail and three years probation after he had served six months of that imprisonment. Since the maximum jail term he could have received was one year the sentence was excessive by two years and six months. Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA, Opinion filed February 25, 1977); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976); Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976).
As to the second degree misdemean-or the maximum imprisonment is 60 days. The court sentenced him to two years probation consecutive to the first sentence, after he had served a concurrent 60 days in the county jail with credit for time served awaiting trial and sentencing. The probation of two years after the 60 days incarceration is illegally excessive.
As one of the conditions of the Appellant’s probation he was to “draw no unemployment compensation while on probation.” This is “an unnecessary restriction upon the valid exercise of a valuable right” and therefore should be removed. Coulson v. State, 342 So. 2d 1042 (Fla. 4th DCA, Opinion filed February 18, 1977).
REVERSED and REMANDED for resentencing.
MAGER, C. J., and ALDERMAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Nathaniel D. Wash. & Anthony Adams v. Rivkind, 350 So. 2d 575 (Fla. 3d DCA 1977)…, would destroy the overall statutory scheme of making an attempt a lesser offense than the crime itself. I am also encouraged in the view I have expressed by the apparent holding of the District Court of Appeal, Fourth District, in Bownes v. State, 345 So. 2d 787 (Fla. 4th DCA 1977). I would, therefore, issue the writ.…1 / 2
-
State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977)…(1975). Additional grounds for appeal by the state are set out in Sec. 924.071 (1975). . The information stated that the offense was committed contrary to §§ 810.02(3) and 77.04, Fla.Stat. (1975). . Although the Fourth District in Bownes v. State, 345 So. 2d 787 (Fla. 4th DCA 1977), stated that attempted burglary is a first-degree misdemeanor, the statement was made in the context of a recitation of the controlling facts rather than as a legal holding of the court. There is no citation of authority and no d…
-
State v. Sudol, 357 So. 2d 761 (Fla. 4th DCA 1978)…f attempted burglary. This potential conflict was properly resolved in Gray v. State, 356 So. 2d 848 (Fla. 4 DCA Case No. 77-221 Opinion filed March 14, 1978). Attempted burglary is a third degree felony notwithstanding the dicta in Bownes v. State, 345 So. 2d 787 (Fla. 4 DCA 1977), and the Opin.Atty,Gen. 077-4 (1977). Therefore, the circuit court order finding it was without jurisdiction to try the appel-lee for the crime of attempted burglary was error and we must reverse and remand for trial. REVERSED an…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)
- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)
- Coulson v. State, 342 So. 2d 1042 (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)