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Martinez v. State

District Court of Appeal of Florida, Third District
Sep 19, 1972
266 So. 2d 392 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-1316.

September 19, 1972.

Appeal from the Criminal Court of Record, Dade County, Alfonso C. Sepe, J.

Melvyn Kessler, Miami, for appellant.

Robert L. Shevin, Atty. Gen., J. Robert Olian, Asst. Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


By this appeal we are called upon to review the propriety of a conviction and sentence [eighteen months in the State penitentiary and five years' probation], entered after a nolo contendere plea to certain charges alleging a violation of the narcotics laws of this State.

We have examined the points on appeal raised by the appellant and find them to be without merit. However, the court, sua sponte, notes that a portion of the sentence, placing the appellant on probation, is an illegal sentence [Robinson v. State, Fla.App. 1972, 256 So.2d 390] and said sentence be and the same is hereby modified by striking the illegal portion relating to the probation therefrom. As modified, the judgment of conviction and sentence be and the same is hereby affirmed.

Affirmed as modified.


Summaries of

Martinez v. State

District Court of Appeal of Florida, Third District
Sep 19, 1972
266 So. 2d 392 (Fla. Dist. Ct. App. 1972)
Case details for

Martinez v. State

Case Details

Full title:PERFECTO MARTINEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 19, 1972

Citations

266 So. 2d 392 (Fla. Dist. Ct. App. 1972)

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