Morris v. State

Full title: BOOKER THOMAS MORRIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 19, 1979

377 So. 2d 835 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-2498/T4-25.

December 19, 1979.

Appeal from Circuit Court, Orange County; Cecil H. Brown, Judge.

Richard L. Jorandby, Public Defender and Sara Bresky, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Kenneth G. Spillias, Asst. Atty. Gen., West Palm Beach, for appellee.

SHARP, Judge.

The trial court erred in setting the indeterminate sentence of the appellant at 36 months to 10 years. (Emphasis supplied). § 921.18 Florida Statutes (1977). Cox v. State, 344 So.2d 1324 (Fla. 2d D.C.A. 1977).

The appellant's sentence is hereby changed to 6 months to 10 years.

AFFIRMED as modified.

DAUKSCH, C.J., and UPCHURCH, J., concur.