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Florida District Courts of Appeal, 1977

Merit v. State

Merit v. State
Florida District Courts of Appeal · Decided August 16, 1977 · Alderman, Cross, Letts
349 So. 2d 697; 1977 Fla. App. LEXIS 16209 (Southern Reporter, Second Series)

Merit v. State

Opinion of the Court

LETTS, Judge.

The judgment is affirmed.

However, the split sentence of six months in jail to be followed by three years probation is reversed. Appellant was convicted of an attempt to possess marijuana punishable by no more than one year of imprisonment.1 Accordingly, the sentence was excessive. Holmes v. State, 343 So.2d 632 (Fla.4th DCA 1977).

Reversed and remanded for sentencing consistent herewith.

ALDERMAN, C. J., and CROSS, J., concur.

. § 893.13(1)(e); § 777.04(4)(d); § 775.082(4)(a) Florida Statutes (1975).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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