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SILKEY v. STATE

No. 77-829.

356 So.2d 924 (1978)

Richard Hagar SILKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 29, 1978.

Attorney(s) appearing for the Case

Michael H. Bloom, Coconut Grove, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant was charged with and convicted of a third degree felony. He was adjudicated guilty and sentenced to five years in prison and also to pay a $5,000 fine. The sentence provided that in lieu of payment of the $5,000 fine, appellant was to serve an additional (sixth) year in prison. This sentence is excessive.

One convicted of a third degree felony may be lawfully sentenced to a maximum of five years in prison, Section 775.082(3)(d), Florida...

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