Keller v. State
Keller v. State
Opinion of the Court
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.
Concurring Opinion
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.
Reference
- Full Case Name
- Patrick KELLER v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published