SCHEURER v. STATE

No. 79-2027.

396 So.2d 194 (1980)

Robert E. SCHEURER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


ANSTEAD, Judge.

The appellant contends that the trial court erred in imposing a two year term in prison as a special condition to appellant's five year term of probation for grand theft and also claims error in the denial of his motion for new trial.

We find no error in the denial of the motion for new trial. However, the Supreme Court has recently held that an order of incarceration for one year or more imposed as a condition of probation is illegal. Villery...

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