Legal Opinion

Littles v. State

District Court of Appeal of Florida

Decided November 13, 1987No. BS-221PublishedCited by 2 opinions

1Opinion of the Court

ZEHMER, Judge.

Appellant received split sentences of 30 months imprisonment followed by five years probation to be served concurrently on each of five felony counts. The sentence on count one for the second degree felony of selling cocaine is within the 15 year maximum penalty for that offense, so its validity is not challenged by appellant. The sentences on counts two through five for possession of cocaine and sale of a substance in lieu of cocaine, all being third degree felonies, exceed the statutory maximum of five years imprisonment and are, therefore, invalid.1 State v. Holmes, 360 So.2d…

2Cases cited5 opinions

  1. State v. HolmesSupreme Court of Florida · 1978
  2. Howland v. StateDistrict Court of Appeal of Florida · 1982
  3. Lanier v. StateDistrict Court of Appeal of Florida · 1987
  4. McDowell v. StateDistrict Court of Appeal of Florida · 1986
  5. Coleman v. StateDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1990
  2. Hall v. StateDistrict Court of Appeal of Florida · 1994

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