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.