JOHNSON v. STATE

No. 76-1169.

351 So.2d 754 (1977)

Earl Roger JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

On this appeal, appellant argues that the trial court improperly sentenced him for petit larceny after having withheld sentence for more than five years. We agree.

The state charged appellant with petit larceny and burglary. On September 29, 1969, after accepting a plea of guilty to both charges, the trial court withheld sentence on the petit larceny count and placed appellant on probation for a term...

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