Stierwalt v. State

District Court of Appeal of Florida

Stierwalt v. State

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

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 1978

DocketNo. 77-1886

StatusPublished

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

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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]*147trial 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]*147trial 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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363 So. 2d 146, 1978 Fla. App. LEXIS 16345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stierwalt-v-state-fladistctapp-1978.

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