From Casetext: Smarter Legal Research

Harrell v. State

District Court of Appeal of Florida, Second District
Feb 14, 1975
308 So. 2d 51 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-809.

February 14, 1975.

Appeal from the Circuit Court, Citrus County, John W. Booth, J.

James A. Gardner, Public Defender, Sarasota, Harold H. Moore, Asst. Public Defender, Bradenton, and Tania Ostapoff, Student Assistant, Gainesville, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant's arguments on appeal are without merit. However, it appears the sentencing of sixty days in jail, with thirty days thereof suspended, followed by two years probation was contrary to Fla. Stat. § 948.01(4) (1973). Consequently, the cause is hereby remanded for resentencing in accordance with the rationale of Hults v. State, Fla.App.2d 1975, 307 So.2d 489.

McNULTY, C.J., and HOBSON and GRIMES, JJ., concur.


Summaries of

Harrell v. State

District Court of Appeal of Florida, Second District
Feb 14, 1975
308 So. 2d 51 (Fla. Dist. Ct. App. 1975)
Case details for

Harrell v. State

Case Details

Full title:DOROTHY HARRELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 14, 1975

Citations

308 So. 2d 51 (Fla. Dist. Ct. App. 1975)

Citing Cases

State v. Jones

In Hults v. State, 307 So.2d 489 (Fla.App.2d 1975), the Second District held illegal and void a sentence of…