Keller v. State

District Court of Appeal of Florida

Keller v. State

351 So. 2d 382, 1977 Fla. App. LEXIS 16655

District Court of Appeal of Florida·Decided November 1, 1977·No. No. 76-1663·Published·Cited by 2 cases

Opinions

PER CURIAM.

Appellant was convicted of a third degree felony and sentenced to 2V2 years in prison and 4V2 years on probation thereafter. The maximum period to which he could be sentenced is 5 years therefore the probation portion of his sentence is reduced from 41/2 years to 2V2 years. 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); Holmes v. State, 343 So.2d 632 (Fla. 4th DCA 1977); Heatherly v. State, 343 So.2d 54 (Fla. 4th DCA 1977).

AFFIRMED AS MODIFIED.

DOWNEY, J., and BURNSTEIN, MIETTE K., Associate Judge, concur. DAUKSCH, J., concurs specially, with opinion.

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PER CURIAM.

Appellant was convicted of a third degree felony and sentenced to 2V2 years in prison and 4V2 years on probation thereafter. The maximum period to which he could be sentenced is 5 years therefore the probation portion of his sentence is reduced from 41/2 years to 2V2 years. 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); Holmes v. State, 343 So.2d 632 (Fla. 4th DCA 1977); Heatherly v. State, 343 So.2d 54 (Fla. 4th DCA 1977).

AFFIRMED AS MODIFIED.

DOWNEY, J., and BURNSTEIN, MIETTE K., Associate Judge, concur. DAUKSCH, J., concurs specially, with opinion.

Keller v. State, 351 So. 2d 382, 1977 Fla. App. LEXIS 16655 (Fla. Ct. App. 1977).

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