Florida District Courts of Appeal, 1975

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided September 5, 1975 · Grimes, Hobson, Scheb
318 So. 2d 163 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted of three violations of the Florida Comprehensive Drug Abuse Prevention and Control Act and was given concurrent four-year sentences for each conviction. These judgments are affirmed.

However, the crime prosecuted in case no. 74-4596 (appeal case no. 74-1543) was a misdemeanor, rather than a felony. It was properly triable in circuit court under Fla.Stat., § 26.012(2) (d) (1973), but the sentence could not exceed the one year maximum for a misdemeanor. Therefore, the sentence in that case is hereby reduced to a term of one year, and the court below is requested to correct its records accordingly.

HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.

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