Florida District Courts of Appeal, 1977

Keller v. State

Florida District Courts of Appeal · Decided November 1, 1977 · Burnstein, Dauksch, Downey, Miette

351 So. 2d 382; 1977 Fla. App. LEXIS 16655 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Isaacs v. State (Fla. 1979)
Walker v. State (Fla. Dist. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Concurring 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.

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