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Florida District Courts of Appeal, 1988

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided February 5, 1988 · Campbell, Schoonover, Threadgill
519 So. 2d 724; 13 Fla. L. Weekly 353; 1988 Fla. App. LEXIS 447; 1988 WL 7065 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

We affirm the appellant’s convictions for possession of cocaine, possession of paraphernalia, and loitering and prowling. However, appellant was sentenced to concurrent five year probationary terms for all three charges. This was proper for possession of cocaine but improper for the other two charges because it was in excess of the statutory maximum. Green v. State, 392 So.2d 333 (Fla. 2d DCA 1981).

We, therefore, remand for correction of sentence as to the two misdemeanor charges. Otherwise, affirmed.

CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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

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