JULIA A. SCHUETTE AND LINDA L. SCHUETTE, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
JULIA A. SCHUETTE AND LINDA L. SCHUETTE, APPELLANTS,
STATE OF FLORIDA, APPELLEE
375 So. 2d 320
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court’s acceptance of appellants’ nolo contendere pleas is affirmed, but the cause is remanded for correction of the orders of probation.
Appellants were placed on five years probation for possession of cocaine and possession of less than five grams of marijuana “Both Counts ... to run concurrently.” The latter offense is a first-degree misdemeanor, § 893.13(l)(f), Fla.Stat. (1977), carrying a maximum term of imprisonment of one year, § 775.082(4)(a), Fla. Stat. (1977). Thus the probationary term of five years for this offense is excessive and must be reduced to one year. Appellants need not be present for this purpose.
AFFIRMED, but REMANDED for correction of probation orders.
GRIMES, C. J., and BOARDMAN and RYDER, JJ., concur.
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Denmark v. Nationwide Mut. Fire Ins. Co., 384 So. 2d 912 (Fla. 2d DCA 1980)…PER CURIAM. We affirm, as we did in Johns v. Nationwide Mutual Insurance Company, 375 So. 2d 320 (Fla.2d DCA 1979), based on the reasoning in Williams v. Leatherby Insurance Company, 338 So. 2d 70 (Fla.3d DCA 1976), cert. denied, 345 So. 2d 429 (Fla.1977). We cannot, as appellant urges, subscribe to the view that in every instance in which a mo…
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Wilhelmener Harris v. Nationwide Mut. Fire Ins. Co., 436 So. 2d 160 (Fla. 2d DCA 1983)…PER CURIAM. Affirmed. See Denmark v. Nationwide Mutual Fire Insurance Co., 384 So. 2d 912 (Fla. 2d DCA), review denied, 392 So. 2d 1373 (Fla.1980); Johns v. Nationwide Mutual Insurance Co., 375 So. 2d 320 (Fla. 2d DCA 1979), and Williams v. Leatherby Insurance Co., 338 So. 2d 70 (Fla. 3d DCA 1976), cert. denied, 345 So. 2d 429 (Fla.1977). BOARDMAN, A.C.J., and SCHEB and RYDER, JJ., concur.…