DURHAM v. STATE

No. 74-640.

304 So.2d 146 (1974)

James P. DURHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 19, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Steven Rappaport, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Linda C. Hertz, Asst. Atty. Gen., and Elliot H. Scherker, Legal Intern, for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


NATHAN, Judge.

Defendant-appellant seeks review of a sentence to five years in the state penitentiary imposed by the court pursuant to conviction for breaking and entering and petit larceny.

Defendant was informed against for breaking and entering and petit larceny, was tried by jury, found guilty on both counts, and sentenced to five years probation with a condition of one year in the county jail. Defendant contended that this was an illegal sentence, and...

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