MILLER v. STATE

No. 76-350.

338 So.2d 1145 (1976)

Jimmie E. MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 12, 1976.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Miller was charged by information with larceny of a cow after he and a companion were stopped while driving a truck containing two cows on September 20, 1975. He was tried, found guilty as charged, and placed on five years probation with the condition he serve six months in jail.

We have examined the points appellant raises on this appeal and found them to be without merit. However, we must vacate the judgment and sentence since at the time appellant...

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