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266 So. 2d 392

Martinez v. State

District Court of Appeal of Florida

Decided September 19, 1972

District Court of Appeal of Florida · decided 1972-09-19

Cited by 3 later decisions — most recently January 1975

3 state decisions

Relies on Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-09-19

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PER CURIAM.

¶1By this appeal we are called upon to review the propriety of a conviction and sentence [eighteen months in the State penitentiary and five years’ probation], entered after a nolo contendere plea to certain charges alleging a violation of the narcotics laws of this State.

¶2We have examined the points on appeal raised by the appellant and find them to be without merit. However, the court, sua sponte, notes that a portion of the sentence, placing the appellant on probation, is an illegal sentence [Robinson v. State, Fla.App.1972, 256 So.2d 390] and said sentence be and the same is hereby modified by striking the illegal portion relating to the probation therefrom. As modified, the judgment of conviction and sentence be and the same is hereby affirmed.

¶3Affirmed as modified.

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