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Reino v. State

District Court of Appeal of Florida, Third District
May 14, 1974
295 So. 2d 123 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-521.

May 14, 1974.

Appeal from the Circuit Court for Dade County, Arthur Huttoe, J.

Frank E. Freeman and Richard J. Mandell, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before CARROLL and HAVERFIELD, JJ., and RICHARDSON, GEORGE, Jr., Associate Judge.


Appellant seeks reversal of his conviction of unlawfully and feloniously breaking and entering a building located in Dade County, Florida, with intent to commit a misdemeanor therein, to wit: petit larceny, for which he was sentenced to Dade County jail for a term of six (6) months and thereafter placed on probation for a term of eighteen (18) months.

The merits of the points of error assigned in this appeal have been carefully reviewed and it is concluded that appellant has failed to demonstrate that reversible error was committed during the trial proceedings. Accordingly, the judgment and conviction herein is affirmed.

However, in light of the opinion by this court in Williams v. State, Fla.App. 1973, 280 So.2d 518, in which it was held that § 948.01(4) Fla. Stat., F.S.A. did not make provision for adding a period of probation to follow service of the term for which the defendant was committed to the county jail. That portion of the sentence which made provision for probation for a period of eighteen (18) months after the serving of the six (6) months sentence in the county jail, was unauthorized and improper.

The sentence is modified to eliminate therefrom the provision for probation.

It is so ordered.


Summaries of

Reino v. State

District Court of Appeal of Florida, Third District
May 14, 1974
295 So. 2d 123 (Fla. Dist. Ct. App. 1974)
Case details for

Reino v. State

Case Details

Full title:RENALDO JOSEPH REINO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 14, 1974

Citations

295 So. 2d 123 (Fla. Dist. Ct. App. 1974)