Wykretowicz v. State
District Court of Appeal of Florida
1Per curiam
AFFIRMED.
EVANDER, C.J., and EISNAUGLE, J., concur.
2ConcurrenceLambert, J.
Stanley Wykretowicz was convicted after trial of culpable negligence, a lesser-included offense of the charged crime of neglect of a child causing great bodily harm. Because Wykretowicz has not shown reversible error here, I agree with the affirmance of his conviction.
I briefly write to address the sentence imposed. The trial court withheld an adjudication of guilt and sentenced Wykretowicz to serve sixty days in the county jail with sixty days of jail credit. This was improper. See State v. Scarantino , 543 So.2d 399, 399 (Fla. 4th DCA 1989)…
3Cases cited4 opinions
- Thomas v. StateDistrict Court of Appeal of Florida · 1978
- State v. ScarantinoDistrict Court of Appeal of Florida · 1989
- State v. GreenDistrict Court of Appeal of Florida · 1991
- Tucker v. StateDistrict Court of Appeal of Florida · 2012