Noble v. State, C
| Decision Date | 02 November 1976 |
| Docket Number | No. C,-256,C |
| Citation | 338 So.2d 904 |
| Parties | Dewayne Frank NOBLE, III, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, and Michael M. Corin, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.
Appellant was convicted of larceny of an automobile and was given a five year split sentence, under § 948.01(4), Fla.Stat. (1975). The trial court ordered,
'After you have served three (3) years of said term, with no credit for good time or gain time the remainder of said sentence shall be stayed and withheld and you shall be placed on probation for a period of two (2) years under the supervision of the Florida Parole and Probation Commission.'
The notice of appeal filed by appellant recites that he appeals 'the judgment and conviction.' Appellant's brief raises no question regarding his judgment and conviction. The only question raised is whether or not the court erred in directing that appellant serve the first three years of his split sentence with no credit for gain time or good time. Furthermore, the record does not show that this question was ever raised in the trial court.
The 'judgment and conviction' are affirmed without prejudice of appellant to test the legality of the sentence by filing in the trial court a motion under Fla.R.Crim.P. 3.850.
To continue reading
Request your trial
-
Gonzalez v. State, 79-268
...2 The State relies on a severely eroded, if not implicitly overruled, line of cases, which it asks us to resurrect. In Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976), the defendant, not having previously challenged his sentence, appealed only the trial court's order that he receive no cr......
-
Singleton v. State, 79-1204
...set forth in Smith v. State, 378 So.2d 313 (Fla. 5th DCA 1980); Engel v. State, 353 So.2d 593 (Fla. 3d DCA 1978); and Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976), we affirm the judgments and sentences without prejudice to the appellant to properly raise the issues before the trial AFF......
-
Engel v. State, 76-2276
...on appeal, as appellant does here, the legality of a sentence. Jones v. State, 341 So.2d 846 (Fla. 3d DCA 1977); and Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976). Based on these principles, the final judgment of conviction and sentences appealed are affirmed; however, this decision is ......
-
Smith v. State, 80-904
...DAUKSCH, C. J., and FRANK D. UPCHURCH, Jr., J., concur. 1 The Supreme Court found conflict between the decision of Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976) and State ex rel. Poe v. Allen, 196 So.2d 745 ...