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WOODRUFF v. STATE

No. 74-1006.

309 So.2d 55 (1975)

Clarence E. WOODRUFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 19, 1975.

Attorney(s) appearing for the Case

Philip J. Padovano, of Ruiz & Padovano, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Judge.

Appellant Woodruff appeals a judgment and sentence upon his plea of guilty to the crime of breaking and entering an automobile, contending that the sentence imposed is invalid. We agree.

The trial judge sentenced Woodruff to 90 days in the county jail to be followed by three years probation. This was contrary to the authority granted by § 948.01(4) F.S.

In Williams v. State, Fla.App.3rd 1973, 280 So.2d 518

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