Opinion · Florida Court Opinions

HINES v. STATE, 346 So.2d 1235 (Fla.App. 2 Dist. 1977)

DAVID JOSEPH HINES, APPELLANT, v. STATE OF Fla., APPELLEE., 346 So. 2d 1235 (Fla. Dist. Ct. App. 1977)

Type
Opinion
Court
Florida Court Opinions
Jurisdiction
Florida
Date
1977-06-15
Topic
general

HINES v. STATE, 346 So.2d 1235 (Fla.App. 2 Dist. 1977) DAVID JOSEPH HINES, APPELLANT, v. STATE OF FLORIDA, APPELLEE. Nos. 76-634, 76-635.District Court of Appeal of Florida, Second District. June 15, 1977.

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UpLaw has not yet analyzed HINES v. STATE, 346 So.2d 1235 (Fla.App. 2 Dist. 1977). The absence of a flag is not a finding that it is good law.

HINES v. STATE,346 So.2d 1235(Fla.App. 2 Dist. 1977)
DAVID JOSEPH HINES, APPELLANT, v. STATE OF FLORIDA, APPELLEE.
Nos. 76-634, 76-635.
District Court of Appeal of Florida, Second District.
June 15, 1977.
Appeal from Circuit Court, Sarasota County; Stephen L. Dakan, Judge.Page 1236
Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.
PER CURIAM.
The trial court revoked appellant's probation. Appellant was given a general sentence of from six months to five years in prison with credit for time previously served in Case No. 75-143 (Appeal No. 76-635). This sentence was imposed for convictions of (1) breaking and entering with intent to commit a felony, (2) possession of burglary tools, and (3) contributing to the delinquency of a minor. In addition, the trial judge imposed a like sentence for breaking and entering with intent to commit a misdemeanor in Case No. 75-243 (Appeal No. 76-634). Sentences in the two cases were to run concurrently.

Finding no merit in the points raised by appellant in his appeal from revocation of probation, we affirm the convictions. The sentence imposed in Case No. 75-143 (Appeal No. 76-635) was, however, an impermissible general sentence. We, therefore, remand for resentencing Case No. 75-143 in accordance withDarden v.State,306 So.2d 581(Fla.2d DCA 1975). The sentence imposed must be apportioned among the convictions,Maxwell v. State,336 So.2d 658(Fla.2d DCA 1976).

McNULTY, Acting C.J., and SCHEB and OTT, JJ., concur.