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Mallon v. State

District Court of Appeal of Florida, Fifth District
Dec 3, 1993
626 So. 2d 1125 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2945.

December 3, 1993.

Appeal from the Circuit Court for Volusia County; Shawn L. Briese, Judge.

James B. Gibson, Public Defender and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.


Eric Mallon appeals his sentence of life imprisonment with a minimum mandatory 25 years followed by 20 years' probation. The State correctly concedes the probationary portion of Mallon's sentence is error. Whitehead v. State, 583 So.2d 418 (Fla. 5th DCA 1991); Dirk v. State, 478 So.2d 1190 (Fla. 5th DCA 1985). Accordingly, Mallon's sentence is corrected to delete the 20 year term of probation.

Conviction AFFIRMED, Sentence as amended AFFIRMED.

DAUKSCH, GOSHORN and PETERSON, JJ., concur.


Summaries of

Mallon v. State

District Court of Appeal of Florida, Fifth District
Dec 3, 1993
626 So. 2d 1125 (Fla. Dist. Ct. App. 1993)
Case details for

Mallon v. State

Case Details

Full title:ERIC MALLON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 3, 1993

Citations

626 So. 2d 1125 (Fla. Dist. Ct. App. 1993)

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