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Shappley v. State

District Court of Appeal of Florida, First District
Aug 25, 1975
317 So. 2d 89 (Fla. Dist. Ct. App. 1975)
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Summary

In Shappley v. State, 520 S.W.2d 766, 775 (Tex.Cr.App. 1975), it was held that this Court should avoid a construction of a statute which will render a provision "futile and purposeless," and that to allow a trial court to impose a fine which the jury has recommended be probated "would render a defendant's right to make his motion for probation before a jury 'futile and meaningless' since the judge could circumvent the jury verdict."

Summary of this case from Gordon v. State
See 2 Summaries

Opinion

No. Y-318.

August 25, 1975.

Appeal from Circuit Court, Escambia County; Kirke M. Beall, Judge.

James Ron Shelley, Public Defender; Reagan Ptomey, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed on authority of Tucker v. State, 316 So.2d 297, First District Court of Appeal, Opinion filed June 30, 1975.

BOYER, C.J., and MILLS and McCORD, JJ., concur.

Summaries of

Shappley v. State

District Court of Appeal of Florida, First District
Aug 25, 1975
317 So. 2d 89 (Fla. Dist. Ct. App. 1975)

In Shappley v. State, 520 S.W.2d 766, 775 (Tex.Cr.App. 1975), it was held that this Court should avoid a construction of a statute which will render a provision "futile and purposeless," and that to allow a trial court to impose a fine which the jury has recommended be probated "would render a defendant's right to make his motion for probation before a jury 'futile and meaningless' since the judge could circumvent the jury verdict."

Summary of this case from Gordon v. State

In Shappley v. State, 520 S.W.2d 766 (Tex.Cr.App. 1975) the defendant was charged with having sold securities without having registered as a dealer or salesman in Texas in violation of Article 581 — 29(A).

Summary of this case from Rio Grande Oil v. State
Case details for

Shappley v. State

Case Details

Full title:PERRIN SHAPPLEY, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 25, 1975

Citations

317 So. 2d 89 (Fla. Dist. Ct. App. 1975)

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