DiORIO v. STATE

No. 77-1693.

359 So.2d 45 (1978)

James W. DiORIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 2, 1978.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Daniel D. Eckert, Asst. Public Defender, Clearwater, for appellant.

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


DANAHY, Judge.

Defendant challenges his order of probation in two respects: first, the term of the probation, which is in excess of the maximum permissible sentence for the crime; and second, the imposition of a restitution condition of the probation. We agree with appellant's position in both respects and remand for resentencing.

Appellant's car struck and injured an elderly lady who was crossing a street in St. Petersburg. Appellant fled, and was charged...

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