Mylks v. State, 73--1126
| Citation | 285 So.2d 434 |
| Decision Date | 14 November 1973 |
| Docket Number | No. 73--1126,73--1126 |
| Parties | Gordon D. MYLKS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
This is an appeal from an order revoking probation and sentencing the appellant to one year in the county jail to be followed by probation for a term of one year. The revocation of probation is affirmed upon authority of the rule stated in Roberts v. State, Fla.App.1963, 154 So.2d 695. See also Brill v. State, 159 Fla. 682, 32 So.2d 607 (1947).
The sentence clearly is excessive. See Hutchins v. State, 3rd D.C.A., 286 So.2d 244, filed November 6, 1973. See also Williams v. State, Fla.App.1973, 280 So.2d 518. Therefore, that portion of the sentence which sentences the appellant to a probationary period is stricken. The order revoking probation is affirmed; the sentence is modified and as modified is affirmed.
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State v. Jones
...1973); Metchik v. State, 286 So.2d 269 (Fla.App.3d 1973); Hutchins v. State, 286 So.2d 244 (Fla.App.3d 1973), and Mylks v. State, 285 So.2d 434 (Fla.App.3d 1973). See also Green v. State, 310 So.2d 373 (Fla.App.3d 1975), and Durham v. State, 304 So.2d 146 (Fla.App.3d In Hutchins v. State, s......
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Lewis v. State, 74--221
...Fla.1973); Hutchins v. State, 286 So.2d 244 (3d D.C.A. Fla.1973); Metchik v. State, 286 So.2d 269 (3d D.C.A. Fla.1973); Mylks v. State, 285 So.2d 434 (3d D.C.A. Fla.1973). Each of the above cases reflects a sequence of events where the defendant was adjudged to be guilty of the crime charge......
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Harden v. State
...for probation. E.g., Williams v. State, Fla.App.1973, 280 So.2d 518; Hutchins v. State, Fla.App.1973, 286 So.2d 244; Mylks v. State, Fla.App.1973, 285 So.2d 434; Metchik v. State, Fla.App.1973, 286 So.2d The judgments and sentences appealed are in all other respects affirmed. Affirmed. ...
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Reynolds v. State, 73--1096
...this court's holdings in Williams v. State, Fla.App.1973, 280 So.2d 518; Hutchins v. State, Fla.App.1973, 286 So.2d 244; Mylks v. State, Fla.App.1973, 285 So.2d 434, and other cases, we reverse. The sentence imposing six months in the county jail, absent the suspension of any portion thereo......