McBRIDE v. STATE

No. 73-1110.

311 So.2d 752 (1975)

Frank McBRIDE, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 2, 1975.


Attorney(s) appearing for the Case

Edward H. Fine of Campbell, Colbath & Kapner, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant was convicted of aggravated assault and simple assault as a result of two separate incidents and sentenced to 5 years imprisonment on the former conviction and 30 months probation on the latter conviction. The appellant contends, and the State concedes, that the maximum probation that could have been imposed was two years beyond the maximum term for which appellant might have been sentenced. (F.S. 948.04). The maximum sentence for simple assault...

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