Yancey v. State

District Court of Appeal of Florida

Yancey v. State

502 So. 2d 60, 12 Fla. L. Weekly 570, 1987 Fla. App. LEXIS 6648

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1987

DocketNo. BD-398

StatusPublished

This text of 502 So. 2d 60 (Yancey 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

Yancey v. State, 502 So. 2d 60, 12 Fla. L. Weekly 570, 1987 Fla. App. LEXIS 6648 (Fla. Ct. App. 1987).

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Opinion

JOANOS, Judge.

Dr. Thomas Yancey appeals his sentence for performing an abortion in an unlawful place, a second degree misdemeanor, and asserts that the trial judge erred by not conducting assessment hearings on figures of costs and restitution.

We find that the trial judge did not err with regard to the restitution and costs assessments. However, we find that a sentence of five years probation and 90 days in jail is beyond the statutory maximum for a second degree misdemeanor, and therefore remand for resentencing on this conviction as prescribed by law. .

The convictions are AFFIRMED but the case is REMANDED for resentencing as to the second degree felony of performing an abortion in an unlawful place.

SMITH and BARFIELD, JJ., concur.

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JOANOS, Judge.

Dr. Thomas Yancey appeals his sentence for performing an abortion in an unlawful place, a second degree misdemeanor, and asserts that the trial judge erred by not conducting assessment hearings on figures of costs and restitution.

We find that the trial judge did not err with regard to the restitution and costs assessments. However, we find that a sentence of five years probation and 90 days in jail is beyond the statutory maximum for a second degree misdemeanor, and therefore remand for resentencing on this conviction as prescribed by law. .

The convictions are AFFIRMED but the case is REMANDED for resentencing as to the second degree felony of performing an abortion in an unlawful place.

SMITH and BARFIELD, JJ., concur.

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Bluebook (online)

502 So. 2d 60, 12 Fla. L. Weekly 570, 1987 Fla. App. LEXIS 6648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yancey-v-state-fladistctapp-1987.