Woodruff v. State

HOBSON, Judge.

Appellant Woodruff appeals a judgment and sentence upon his plea of guilty to the crime of breaking and entering an automobile, contending that the sentence imposed is invalid. We agree.

The trial judge sentenced Woodruff to 90 days in the county jail to be followed by three years probation. This was contrary to the authority granted by § 948.01(4) F. S.

In Williams v. State, Fla.App.3rd 1973, 280 So.2d 518, it was pointed out that the language of § 948.01(4) F.S. makes it clear that in order to impose a valid term of probation under said section the trial court must withhold…