Yawn v. State

District Court of Appeal of Florida

Yawn v. State

479 So. 2d 834, 10 Fla. L. Weekly 2747, 1985 Fla. App. LEXIS 17343

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1985

DocketNo. BF-109

StatusPublished

This text of 479 So. 2d 834 (Yawn 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

Yawn v. State, 479 So. 2d 834, 10 Fla. L. Weekly 2747, 1985 Fla. App. LEXIS 17343 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

The appellant appeals from convictions and sentences on three counts of burglary and one count of petit theft. Appellant’s counsel has filed an Anders¹ brief and no brief has been filed by the appellant on his own behalf although opportunity was given therefor by the Court. With one exception, our examination of the record reveals no reversible error. The exception is that the sentence of incarceration imposed for petit theft was in excess of that which is provided for by law. Although the maximum sentence for petit theft, a second degree misdemeanor, is sixty days, the sentence imposed was six months.

On remand, the trial court shall amend that sentence to a term of sixty days.

Affirmed in part and Reversed in part and Remanded for the entry of an amended sentence under Count 4.

ERVIN, SMITH and NIMMONS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant appeals from convictions and sentences on three counts of burglary and one count of petit theft. Appellant’s counsel has filed an Anders¹ brief and no brief has been filed by the appellant on his own behalf although opportunity was given therefor by the Court. With one exception, our examination of the record reveals no reversible error. The exception is that the sentence of incarceration imposed for petit theft was in excess of that which is provided for by law. Although the maximum sentence for petit theft, a second degree misdemeanor, is sixty days, the sentence imposed was six months.

On remand, the trial court shall amend that sentence to a term of sixty days.

Affirmed in part and Reversed in part and Remanded for the entry of an amended sentence under Count 4.

ERVIN, SMITH and NIMMONS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

479 So. 2d 834, 10 Fla. L. Weekly 2747, 1985 Fla. App. LEXIS 17343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yawn-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack