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415 So. 2d 909

Glanton v. State

District Court of Appeal of Florida · decided 1982-06-30

Cited by 12 later decisions — most recently August 1998

12 state decisions

Relies on Dorfman v. State · 371 So. 2d 569 - Pearson v. State · 416 So. 2d 1161 - Jordan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-30

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PER CURIAM.

¶1We withdraw our opinion of May 28,1982 and substitute the following in its stead:

¶2Appellant, Robert Edward Glanton, was found guilty of attempted burglary of a structure and attempted grand theft. The trial court withheld adjudication of guilt and placed him on four years probation with credit for time served.

¶3On appeal, appellant argues that his sentence is improper because it is a general sentence for two separate offenses. Dorfman v. State, 351 So.2d 954 (Fla.1977); Pearson v. State, 371 So.2d 569 (Fla. 4th DCA 1979). As does the state, so do we agree with appellant’s argument.

¶4But subsequent to our prior opinion, this court has receded from an opinion holding that a conviction for the nonexistent crime of “attempted grand theft” could be valid. Jordan v. State, 416 So.2d 1161 (Fla. 2d DCA June 11, 1982). It is now clear that conviction for such a nonexistent crime is a nullity. Achin v. State, - So.2d -, Case No. 59,840 (Fla. Jan. 21, 1982).

¶5Although this point was not raised below or argued on appeal, we think it only fair to apprise the trial court on remand that it may sentence appellant solely on a conviction of attempted burglary of a structure.

¶6REVERSED and REMANDED.

GRIMES, A. C. J., and RYDER and DANAHY, JJ., concur.
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