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375 So. 2d 320

Schuette v. State

District Court of Appeal of Florida · decided 1979-06-27

Cited by 2 later decisions — most recently March 1983

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-27

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PER CURIAM.

¶1The trial court’s acceptance of appellants’ nolo contendere pleas is affirmed, but the cause is remanded for correction of the orders of probation.

¶2Appellants were placed on five years probation for possession of cocaine and possession of less than five grams of marijuana “Both Counts ... to run concurrently.” The latter offense is a first-degree misdemeanor, § 893.13(l)(f), Fla.Stat. (1977), carrying a maximum term of imprisonment of one year, § 775.082(4)(a), Fla. Stat. (1977). Thus the probationary term of five years for this offense is excessive and must be reduced to one year. Appellants need not be present for this purpose.

¶3AFFIRMED, but REMANDED for correction of probation orders.

GRIMES, C. J., and BOARDMAN and RYDER, JJ., concur.
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