Keller v. State, 351 So. 2d 382

Lead Opinion

PER CURIAM.

Appellant was convicted of a third degree felony and sentenced to 2V2 years in prison and 4V2 years on probation thereafter. The maximum period to which he could be sentenced is 5 years therefore the probation portion of his sentence is reduced from 41/2 years to 2V2 years. Moore v. State, 324 So.2d 690 (Fla. 1st DCA 1976); Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976); Magnin v. State, 334 So.2d 638 (Fla. 2d DCA 1976); Holmes v. State, 343 So.2d 632 (Fla. 4th DCA 1977); Heatherly v. State, 343 So.2d 54 (Fla. 4th DCA 1977).

AFFIRMED AS MODIFIED.

DOWNEY, J., and BURNSTEIN, MIETTE K., Associate Judge, concur. DAUKSCH, J., concurs specially, with opinion.

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Concurrence Opinion

DAUKSCH, Judge,

concurring specially:

I concur in the result but note this case has the same probation requirement I deplored in Pace v. State, (Fla. 4th DCA, Case No. 76-2210, Opinion filed June 24, 1977). See also dissent upon denial of rehearing, Opinion filed October 11, 1977.

Case Details

Case Name: Keller v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 1, 1977

Citations: 351 So. 2d 382; 1977 Fla. App. LEXIS 16655; No. 76-1663

Docket Number: No. 76-1663

Court Abbreviation: Fla. Dist. Ct. App.