GEORGE L. CLINTON, A/K/A KENNETH L. ELDRIDGE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GEORGE L. CLINTON, A/K/A KENNETH L. ELDRIDGE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
389 So. 2d 1082
Florida District Court of Appeal, Third District (1980)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The judgments under review are affirmed on the authority of Rosson v. State, 319 So. 2d 64 (Fla. 2d DCA 1975); Groneau v. State, 201 So. 2d 599 (Fla. 4th DCA 1967), cert. denied, 207 So. 2d 452 (Fla.1967), and Perry v. State, 177 So. 2d 892 (Fla. 3d DCA 1965), without prejudice to a motion under Fla.R.Crim.P. 3.850 to correct the sentences so as to give the defendant credit for time served under an earlier probation.1
Affirmed.
. We take this course because the record now before us is unclear as to whether the appropriate credit was in fact given in the sentences already imposed. See, Jenrette v. State, 373 So. 2d 718 (Fla. 3d DCA 1979); compare, Ruiz v. State, 384 So. 2d 723 (Fla. 3d DCA 1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)…me Court’s decision in Noble precludes us from doing that. But Noble aside, considerations of expediency compel the same result.7 We [*337] are here presented with a case where the error is patent on the face of the record. Compare Clinton v. State, 389 So. 2d 1082 (Fla. 3d DCA 1980); Cannon v. State, 384 So. 2d 971 (Fla. 3d DCA 1980). Were the error not obvious, we would not hesitate to deny review without prejudice to the later institution of Rule 3.850 proceedings where the appropriate record could be devel…
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Graham v. State, 409 So. 2d 1168 (Fla. 3d DCA 1982)…ing disposition of the probation violation charge. Since the record is uncertain as to whether full allowance for these periods has already been given, the issue should be initially addressed as a factual matter in the trial court. Clinton v. State, 389 So. 2d 1082 (Fla.3d DCA 1980).…
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Smith v. State, 405 So. 2d 762 (Fla. 3d DCA 1981)…n is not properly before us. See: Chatman v. State, 393 So. 2d 557 (Fla. 4th DCA 1980). The appellant did not challenge the legality of sentence in the trial court. He cannot do so on appeal, because the sentence is facially valid. Clinton v. State, 389 So. 2d 1082 (Fla. 3d DCA 1981); Cannon v. State, 384 So. 2d 970, 971 (Fla. 3d DCA 1980); Compare Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981). The sentence was within the parameters of Alvarez v. State, supra, and Section 947.16, Florida Statutes (1978)…
Authorities Cited
- Groneau v. State, 201 So. 2d 599 (Fla. 4th DCA 1967)
- Glenwood Frederick Perry v. State, 177 So. 2d 892 (Fla. 3d DCA 1965)
- Rosson v. State, 319 So. 2d 64 (Fla. 2d DCA 1975)
- Groneau v. State, 207 So. 2d 452 (Fla. 1967)
- Schack v. State, 207 So. 2d 452 (Fla. 1967)
- State v. Hollie, 373 So. 2d 718 (Fla. 3d DCA 1979)
- Ruiz v. State, 384 So. 2d 723 (Fla. 3d DCA 1980)