CHARLES RIVERS A/K/A TERRANCE BOYD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CHARLES RIVERS A/K/A TERRANCE BOYD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
392 So. 2d 913
Florida District Court of Appeal, Third District (1980)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The summary denial of appellant’s motion to vacate the term of five years probation with the special condition that he serve three years in the state penitentiary is reversed and remanded to properly re-sentence the defendant for the reasons and authorities cited in Freeman v. State, 382 So. 2d 1307 (Fla.3d DCA 1980).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Rivers, 401 So. 2d 1343 (Fla. 1981)…PER CURIAM. Conflict of decisions having been dispelled, the petition is denied. 392 So. 2d 913 (Fla.App.). Villery v. The Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1980). ADKINS, Acting C. J., and BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur.…
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Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012)…cked jurisdiction to consider Jackman’s motion because, when the trial court ruled on the motion, Jackman had a pending appeal on another rule 3.850 motion before this court. See also Wells v. State, 362 So. 2d 441 (Fla. 4th DCA 1978); Lee v. State, 392 So. 2d 913 (Fla. 1st DCA 1980) (holding that the trial court had no jurisdiction to rule on second rule 3.850 motion where an order denying a prior rule 3.850 motion seeking relief on different grounds was on appeal). At the time we issued Washington, Judge K…
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Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002)…8), we held that the trial court could not rule on a second post-conviction motion to vacate a conviction, while an appeal was pending in this court from an order denying an earlier motion to vacate based on different grounds. See also Lee v. State, 392 So. 2d 913 (Fla. 1st DCA 1980)(trial court had no jurisdiction to rule on second 3.850 motion where an order denying a prior 3.850 motion seeking relief on different grounds was on appeal); Hulick v. State, 644 So. 2d 117 (Fla. 2d DCA 1994). The proposition t…
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- Freeman v. State, 382 So. 2d 1307 (Fla. 3d DCA 1980)