Owens v. State

District Court of Appeal of Florida

Owens v. State

306 So. 2d 176, 1975 Fla. App. LEXIS 14709

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 1975

DocketNo. 73-1410

StatusPublished

Cited by1 cases

This text of 306 So. 2d 176 (Owens 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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Owens v. State, 306 So. 2d 176, 1975 Fla. App. LEXIS 14709 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

Appellant-defendant, Peter D. Owens, was convicted in the circuit court of manslaughter. Following conviction, defendant was sentenced to pay $5,000, or in default thereof, serve five years in the state correctional system to be followed by eight years on probation.

We have examined the points on appeal raised by the defendant and find them to be without merit. However, the court, sua [177]*177sponte, notes that the portion of the sentence placing the defendant on probation is an illegal sentence. Boyd v. State, 272 So. 2d 858 (Fla.App. 1973); Martinez v. State, 266 So.2d 392 (Fla.App.1972); Dancy v. State, 259 So.2d 208 (Fla.App.1972); Robinson v. State, 256 So.2d 390 (Fla.App.1972).

Accordingly, the judgment is affirmed, the sentence to pay $5,000 or in default thereof, serve five years in the state correctional system is affirmed, and that portion of the sentence providing for eight years probation after the prison term is vacated.

Judgment affirmed; sentence amended, and as amended, affirmed.

WALDEN, CROSS and DOWNEY, JJ, concur.

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