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Andrews v. State

District Court of Appeal of Florida, First District
Aug 7, 1975
316 So. 2d 296 (Fla. Dist. Ct. App. 1975)

Opinion

No. X-142.

August 7, 1975.

Appeal from the Circuit Court, Washington County, W.L. Bailey, J.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


This is an appeal from judgment and sentence of appellant for injuring telephone lines in violation of § 822.10, Florida Statutes, and breaking or injuring fences in violation of § 821.09, Florida Statutes. Each of these offenses is a felony in the third degree and carries a maximum penalty of five years in the state prison. Appellant was sentenced to concurrent sentences of seven years on each offense as a second or subsequent offender but the procedure in prosecutions for such offenders as set forth in § 775.11, Florida Statutes, was not complied with. The convictions of appellant are affirmed but the sentences are reversed and vacated and the cause is remanded with directions to enter legal sentences for the convictions giving appellant credit for all time served on the illegal sentences.

RAWLS, Acting C.J., and MILLS, J., concur.


Summaries of

Andrews v. State

District Court of Appeal of Florida, First District
Aug 7, 1975
316 So. 2d 296 (Fla. Dist. Ct. App. 1975)
Case details for

Andrews v. State

Case Details

Full title:ROBERT L. ANDREWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 7, 1975

Citations

316 So. 2d 296 (Fla. Dist. Ct. App. 1975)

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