Glee v. State

District Court of Appeal of Florida

Glee v. State

539 So. 2d 14, 14 Fla. L. Weekly 576, 1989 Fla. App. LEXIS 1030, 1989 WL 16148

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 1989

DocketNo. 87-2321

StatusPublished

Cited by2 cases

This text of 539 So. 2d 14 (Glee v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Glee v. State, 539 So. 2d 14, 14 Fla. L. Weekly 576, 1989 Fla. App. LEXIS 1030, 1989 WL 16148 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Frank Glee, the defendant/appellant, was convicted of two counts of aggravated assault and one count of criminal mischief. He was sentenced to serve three and a half years in prison on each count to be served concurrently, with credit for time served. We affirm the convictions but reverse the sentence on Count III (the count for criminal mischief) because it was in excess of the maximum legal sentence for a first degree misdemeanor. Additionally, we quash the order granting restitution because when the sentence was previously imposed the trial court failed to retain jurisdiction to order restitution. We further find that the trial court erred in sentencing Glee as an adult without complying with section 39.11, Florida Statutes (Supp.1986).

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR PROCEEDINGS CONSISTENT HEREWITH.

HERSEY, C.J., and ANSTEAD and WALDEN, JJ., concur.

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PER CURIAM.

Frank Glee, the defendant/appellant, was convicted of two counts of aggravated assault and one count of criminal mischief. He was sentenced to serve three and a half years in prison on each count to be served concurrently, with credit for time served. We affirm the convictions but reverse the sentence on Count III (the count for criminal mischief) because it was in excess of the maximum legal sentence for a first degree misdemeanor. Additionally, we quash the order granting restitution because when the sentence was previously imposed the trial court failed to retain jurisdiction to order restitution. We further find that the trial court erred in sentencing Glee as an adult without complying with section 39.11, Florida Statutes (Supp.1986).

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR PROCEEDINGS CONSISTENT HEREWITH.

HERSEY, C.J., and ANSTEAD and WALDEN, JJ., concur.

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Bluebook (online)

539 So. 2d 14, 14 Fla. L. Weekly 576, 1989 Fla. App. LEXIS 1030, 1989 WL 16148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glee-v-state-fladistctapp-1989.

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