Florida District Courts of Appeal, 1968

Streeter v. State

Streeter v. State
Florida District Courts of Appeal · Decided June 4, 1968 · Barkdull, Hendry, Swann
211 So. 2d 32; 1968 Fla. App. LEXIS 5404 (Southern Reporter, Second Series)
Streeter v. State

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Opinion of the Court

PER CURIAM.

The appellant’s probation having been revoked in two cases, Nos. 64-9573 and 65-2661, he now appeals.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

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