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BUTLER v. STATE

No. 81-709.

412 So.2d 917 (1982)

Mellie D. BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 14, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Asst. Public Defender, and Michael B. Jones, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant's only meritorious issue on appeal is her argument that the trial court erred in imposing indeterminate sentences for appellant's three misdemeanor convictions. We reverse.

The power to prescribe the penalty to be imposed for commission of a crime rests with the legislature, not with the courts. Dorminey v. State, 314 So.2d 134 (Fla. 1975); Brown v. State, 152 Fla. 853, 13 So.2d 458...

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