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MANTOOTH v. STATE

No. 80-1487.

407 So.2d 1003 (1981)

Albert Theodore MANTOOTH, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James Dickson Crock, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We find no reversible error in the trial proceedings, so the judgment of conviction is affirmed.

Appellant is correct, however, in his assertion that the sentence of five years in prison followed by three years of probation violates the dictates of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981). The sentence is therefore vacated and the cause remanded for resentencing.<...

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