SMITH v. STATE

No. 76-589.

344 So.2d 905 (1977)

Stephen D. SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 4, 1977.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julian S. Mack, Asst. Public Defender and Richard Levitt, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen. and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

The appellant appeals his conviction of the offense of disorderly conduct, for which the sentence imposed was 30 days confinement in the County jail, to be followed by a non-reporting probationary period of six months.

Mr. and Mrs. Zemba operated a gasoline service station. The defendant, after obtaining seven dollars worth of gasoline, drove off without paying. The Zembas followed him in an automobile, but were unable to overtake him. In returning...

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