LONNIE A. MCMILLAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was convicted, adjudged guilty, and sentenced to ten years imprisonment on a charge of breaking and entering with intent to commit a felony. Sentence on a second charge of larceny of a firearm was deferred. The only point on appeal is whether the trial court erred in imposing a deferred sentence on the second count.
Accordingly, the sentence on the breaking and entering charge is affirmed. Deferred sentences i'n Florida are invalid, State v. Bateh, Fla.1959, 110 So. 2d 7. Therefore, the sentence on the larceny charge is vacated and the cause is remanded for resentencing in keeping with the requirements of State v. Bateh, supra.
Affirmed in part, reversed in part and remanded with directions.
HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.
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Thomas v. State, 356 So. 2d 846 (Fla. 4th DCA 1978)…n 775.087, Florida Statutes (1975) says no deferment, suspension or withholding of adjudication or sentence. Deferred sentencing is not permitted. Helton v. State, 106 So. 2d 79 (Fla.1958); State v. Bateh, 110 So. 2d 7 (Fla.1959); McMillan v. State, 321 So. 2d 441 (Fla. 2 DCA 1975); Jones v. State, 336 So. 2d 672 (Fla. 1 DCA 1976); State v. Sweetman, 302 So. 2d 164 (Fla. 4 DCA 1974). See also Cunningham v. State, 349 So. 2d 702 (Fla. 4 DCA 1977).1 A suspended sentence is only available if a person is placed o…
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Authorities Cited
- State v. Mussa C. Bateh, 110 So. 2d 7 (Fla. 1959)