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AVILA v. STATE

No. 74-642.

306 So.2d 550 (1974)

Ignacio F. AVILA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 4, 1975.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and Kathleen Gallagher, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Defendant-appellant was charged by information with (1) breaking and entering and (2) petit larceny. Defendant first entered a plea of not guilty and thereafter pled guilty to both charges. Thereupon, the trial judge found defendant guilty of the charges and thereafter entered two orders withholding adjudication of guilt on each count. However, the judge then sentenced the defendant-appellant on each charge to 40 days in the county jail

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