Opinion
No. 76-1663.
November 1, 1977.
Appeal from Circuit Court, Brevard County; Robert B. McGregor, Judge.
Richard L. Jorandby, Public Defender, Craig S. Barnard, James K. Green and Frank B. Kessler, Asst. Public Defenders, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was convicted of a third degree felony and sentenced to 2 1/2 years in prison and 4 1/2 years on probation thereafter. The maximum period to which he could be sentenced is 5 years therefore the probation portion of his sentence is reduced from 4 1/2 years to 2 1/2 years. Moore v. State, 324 So.2d 690 (Fla. 1st DCA 1976); Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976); Magnin v. State, 334 So.2d 638 (Fla. 2d DCA 1976); Holmes v. State, 343 So.2d 632 (Fla. 4th DCA 1977); Heatherly v. State, 343 So.2d 54 (Fla. 4th DCA 1977).
AFFIRMED AS MODIFIED.
DOWNEY, J., and BURNSTEIN, MIETTE K., Associate Judge, concur.
DAUKSCH, J., concurs specially, with opinion.
I concur in the result but note this case has the same probation requirement I deplored in Pace v. State, (Fla. 4th DCA, Case No. 76-2210, Opinion filed June 24, 1977). See also dissent upon denial of rehearing, Opinion filed October 11, 1977.