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WILCHER v. STATE

No. 80-841.

388 So.2d 320 (1980)

Wesley WILCHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 8, 1980.

Attorney(s) appearing for the Case

Wesley Wilcher, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Wesley Wilcher, filed a motion with the trial court for post-conviction relief pursuant to Rule 3.850, alleging that the trial court had imposed a sentence in excess of the maximum authorized by law. Defendant, following his conviction of a second degree felony,1 was sentenced to five years imprisonment to be followed by ten years probation.

Wilcher argued that this split sentence deprived the Parole...

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