Opinion
No. 67-1036
June 4, 1968.
Appeal from the Criminal Court of Record for Dade County, Paul Baker, J.
Robert L. Koeppel, Public Defender, and Herbert M. Klein, Asst. Public Defender, for appellant.
Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.
Before BARKDULL, HENDRY and SWANN, JJ.
The appellant's probation having been revoked in two cases, Nos. 64-9573 and 65-2661, he now appeals.
The state concedes that the probation period for Case No. 64-9573 had already ended prior to the revocation and that the court, therefore, lacked jurisdiction to impose further sentence for that case. See Fla. Stat. § 948.04, F.S.A. See also Carroll v. Cochran, Fla. 1962, 140 So.2d 300.
The appellant has not argued in his brief the assignments of error directed to Case No. 65-2661; and they are therefore abandoned, 2 Fla.Jur., Appeals § 130. We, therefore, find no error in the sentence imposed in Case No. 65-2661.
Accordingly, the sentence imposed in Case No. 64-9573 was improper and is hereby set aside. The sentence imposed in Case No. 65-2661 is hereby affirmed.
Affirmed in part, reversed in part.
It is so ordered.