EATON v. STATE

No. 75-781.

325 So.2d 420 (1976)

Willie Albert EATON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 27, 1976.


Attorney(s) appearing for the Case

Engel & Mishkin and Don S. Cohn, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., and Ivan K. Chester, Legal Intern, for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


PER CURIAM.

The appellant was found guilty after a jury trial for possession of heroin and sentenced to five years in the state prison. Previously, his co-defendant, who was tried separately, pled guilty and received a sentence of four months in prison and 56 months probation. The burden of appellant's main argument is that the judge was bound to give him the same short sentence as was received by the co-defendant. He urges that not to do so will result in a prejudice...

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