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McNULTY v. STATE

No. BB-338.

339 So.2d 1155 (1976)

John Edward McNULTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 8, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Douglas C. Kearney, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

RAWLS, Acting Chief Judge.

Pursuant to a negotiated plea, McNulty was adjudicated guilty of possession of less than five grams of cannabis. The following sentence was imposed by the trial court:

"... that you be imprisoned by confinement in the Leon County Jail for a term of One (1) year. But at end of 6 months, sentence stayed & Probation 2 years."

The maximum permissible sentence for the above offense is one year. The question then arises:...

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