ROGER HALLIE LONG AND KENNETH RAY TUCKER, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-02-28
Nos. T-232 and T-233
SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.
290 So. 2d 503 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants seek reversal of their conviction on charges of breaking and entering with intent to commit a misdemeanor. However, our consideration of the record on appeal, briefs, and oral argument of counsel convinces us that no reversible error has been demonstrated by appellants. Accordingly, the judgments and sentences reviewed herein are

Affirmed.

SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.


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  • State v. Jones, 327 So. 2d 18 (Fla. 1976)
    …th 1975), and Brown v. State, 302 So. 2d 430 (Fla.App.4th 1974), held the sentencing court, in imposing the split sentence probation alternative, must stay and withhold the imposition of part of the sentence. The First District, in Waters v. State, 290 So. 2d 503 (Fla.App.1st 1974), had before it a defendant convicted of aggravated assault, for which he could be sentenced to five years in the state penitentiary. The trial judge sentenced the defendant to be imprisoned in the county jail for five years but pr…
  • Jones v. State, 296 So. 2d 519 (Fla. 3d DCA 1974)
    …o subject the defendant to the penalty of serving no more than the portion of the jail sentence which was withheld incident to placing him on probation. In thé recent decision of the first district court of appeal in Waters v. State, Fla. App.1974, 290 So. 2d 503, where a defendant was sentenced to imprisonment in a county jail for a period of five years, with provision that he be placed on probation after serving three months thereof, and withholding the balance of that sentence,' the court expressed the vi…

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