Holloway v. State

District Court of Appeal of Florida

Holloway v. State

393 So. 2d 1185, 1981 Fla. App. LEXIS 18676

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1981

DocketNo. 80-1669

StatusPublished

Cited by2 cases

This text of 393 So. 2d 1185 (Holloway 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.

Bluebook

Holloway v. State, 393 So. 2d 1185, 1981 Fla. App. LEXIS 18676 (Fla. Ct. App. 1981).

Pincite

Opinion

PER CURIAM.

Daniel Eugene Holloway appeals his placement on probation (adjudication withheld) for loitering, grand theft, petit theft, and two counts of burglary. We affirm the order of probation, but remand for modification of the probationary term.

Only one of the points appellant raises has merit. He was given five years probation on the loitering count and one year probation on the petit theft count. However, both loitering, a violation of section 856.021, Florida Statutes (1979), and petit theft, a violation of section 812.014(2)(c), are second-degree misdemeanors, for which the maximum probationary term is six months. § 948.04(1); Alderman v. State, 356 So.2d 928 (Fla. 2d DCA 1978).

Accordingly, these parts of the order of probation setting forth the terms of probation on the loitering and petit theft counts are vacated and the cause remanded with directions to impose new probationary terms within the maximum allowable by statute. The order of probation is otherwise affirmed.

SCHEB, C. J., and HOBSON and BOARDMAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI