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McMILLAN v. STATE

No. 75-648.

321 So.2d 441 (1975)

Lonnie A. McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Steven H. Denman, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for 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 in Florida are invalid,

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