SANDERS v. STATE

No. 76-1377.

351 So.2d 361 (1977)

Johnny Lee SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 1977.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and James L. Eisenberg, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.


ALDERMAN, Chief Judge.

The defendant, having been convicted of burglary, appeals the term and condition of his sentence.

The defendant's first point has merit and requires a modification of his sentence. He received five years imprisonment to be followed by twelve years probation. The maximum sentence that could have been imposed was fifteen years. The sentence, being excessive by two years, is hereby modified by eliminating the last two years of the probationary...

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