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Streeter v. State

District Court of Appeal of Florida, Third District
Jun 4, 1968
211 So. 2d 32 (Fla. Dist. Ct. App. 1968)

Opinion

No. 67-1036

June 4, 1968.

Appeal from the Criminal Court of Record for Dade County, Paul Baker, J.

Robert L. Koeppel, Public Defender, and Herbert M. Klein, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.


The appellant's probation having been revoked in two cases, Nos. 64-9573 and 65-2661, he now appeals.

The state concedes that the probation period for Case No. 64-9573 had already ended prior to the revocation and that the court, therefore, lacked jurisdiction to impose further sentence for that case. See Fla. Stat. § 948.04, F.S.A. See also Carroll v. Cochran, Fla. 1962, 140 So.2d 300.

The appellant has not argued in his brief the assignments of error directed to Case No. 65-2661; and they are therefore abandoned, 2 Fla.Jur., Appeals § 130. We, therefore, find no error in the sentence imposed in Case No. 65-2661.

Accordingly, the sentence imposed in Case No. 64-9573 was improper and is hereby set aside. The sentence imposed in Case No. 65-2661 is hereby affirmed.

Affirmed in part, reversed in part.

It is so ordered.


Summaries of

Streeter v. State

District Court of Appeal of Florida, Third District
Jun 4, 1968
211 So. 2d 32 (Fla. Dist. Ct. App. 1968)
Case details for

Streeter v. State

Case Details

Full title:ALFONSO STREETER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 4, 1968

Citations

211 So. 2d 32 (Fla. Dist. Ct. App. 1968)

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