Albritton v. State

District Court of Appeal of Florida

Albritton v. State

959 So. 2d 360, 2007 Fla. App. LEXIS 9017, 2007 WL 1647831

District Court of Appeal of Florida·Decided June 8, 2007·No. No. 5D06-4175·Published·Cited by 1 cases

Opinion

PER CURIAM.

Albritton filed a motion for post-conviction relief in six separate cases. The trial court summarily denied the motion. We find Albritton was entitled to relief as to Count III in case number 02-3160-CF-A-W. It was improper for the trial court to sentence Albritton to five years in the Department of Corrections followed by five years probation on his grand theft charge. Moore v. State, 882 So.2d 977 (Fla.2004). Accordingly, we direct the probationary term for this count to be stricken. We affirm the remainder of the trial court’s order.

AFFIRMED in part; REVERSED in part.

ORFINGER, TORPY and EVANDER, JJ., concur.

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PER CURIAM.

Albritton filed a motion for post-conviction relief in six separate cases. The trial court summarily denied the motion. We find Albritton was entitled to relief as to Count III in case number 02-3160-CF-A-W. It was improper for the trial court to sentence Albritton to five years in the Department of Corrections followed by five years probation on his grand theft charge. Moore v. State, 882 So.2d 977 (Fla.2004). Accordingly, we direct the probationary term for this count to be stricken. We affirm the remainder of the trial court’s order.

AFFIRMED in part; REVERSED in part.

ORFINGER, TORPY and EVANDER, JJ., concur.

Albritton v. State, 959 So. 2d 360, 2007 Fla. App. LEXIS 9017, 2007 WL 1647831 (Fla. Ct. App. 2007).

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Opinion

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