Stierwalt v. State

District Court of Appeal of Florida

Stierwalt v. State

363 So. 2d 146, 1978 Fla. App. LEXIS 16345

District Court of Appeal of Florida·Decided September 13, 1978·No. No. 77-1886·Published

Opinion

PER CURIAM.

We affirm appellants’ convictions of unlawfully bringing a controlled substance into Florida, to-wit: cannabis, in violation of Section 893.13(1)(d), Florida Statutes (1976). Although the maximum permissible sentence for this offense is five years, the [147] trial court sentenced appellants to three years incarceration at hard labor to be followed by seven years probation. We therefore reduce the sentence imposed to three years incarceration to be followed by two years probation [Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976)], and strike the “hard labor” provision [Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974)].

HOBSON, Acting C. J., and SCHEB and RYDER, JJ., concur.

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PER CURIAM.

We affirm appellants’ convictions of unlawfully bringing a controlled substance into Florida, to-wit: cannabis, in violation of Section 893.13(1)(d), Florida Statutes (1976). Although the maximum permissible sentence for this offense is five years, the [147] trial court sentenced appellants to three years incarceration at hard labor to be followed by seven years probation. We therefore reduce the sentence imposed to three years incarceration to be followed by two years probation [Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976)], and strike the “hard labor” provision [Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974)].

HOBSON, Acting C. J., and SCHEB and RYDER, JJ., concur.

Stierwalt v. State, 363 So. 2d 146, 1978 Fla. App. LEXIS 16345 (Fla. Ct. App. 1978).

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Opinion

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