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Shirmon v. State

District Court of Appeal of Florida, First District
Sep 21, 1978
362 So. 2d 478 (Fla. Dist. Ct. App. 1978)

Opinion

No. HH-228.

September 21, 1978.

Appeal from Circuit Court, St. Johns County; E.L. Eastmoore, Judge.

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.


Appellant was convicted for the offenses of burglary and attempted grand larceny. The convictions are affirmed. However, the judgment and sentence form, although adjudicating appellant guilty of each offense, fails to reflect a pronouncement of sentence for the offense of attempted grand larceny. This is improper. Helton v. State, 106 So.2d 79 (Fla. 1958); Bateh v. State, 101 So.2d 869 (Fla. 1st D.C.A. 1958), cert. disch. 110 So.2d 730 (Fla. 1959); Slay v. State, 347 So.2d 730 (Fla. 1st D.C.A. 1977). Accordingly, the judgment and sentence are reversed and the cause remanded for the imposition of a proper sentence.

McCORD, C.J., and MILLS and BOYER, JJ., concur.


Summaries of

Shirmon v. State

District Court of Appeal of Florida, First District
Sep 21, 1978
362 So. 2d 478 (Fla. Dist. Ct. App. 1978)
Case details for

Shirmon v. State

Case Details

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

Court:District Court of Appeal of Florida, First District

Date published: Sep 21, 1978

Citations

362 So. 2d 478 (Fla. Dist. Ct. App. 1978)