VIRGINIA ELLEN LENZ, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Arnette, 604 So. 2d 482 (Fla. 1992)
  …62 So. 2d 607 (Fla. 2d DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), rev. denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1981); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981), appeal dis’m., 406 So. 2d 1118 (Fla.1981). Arnette v. State, 566 So. 2d 1369, 1373-74 (Fla. 5th DCA 1990). . This opinion does not affect the sentence rendered as a penalty for this new crime. . Provided the crime is of the second degree or higher.…
• Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)
  …). This also applies to sentences, such as the one herein, entered pursuant to a subsequent revocation of probation. See Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1982); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA), pet. for rev. dismissed, 406 So. 2d 1118 (Fla.1981). Since defendant was originally classified as a youthful offender regarding the attempted sexual battery, his sentence for attempted sexual battery which was imposed upon revocation of probation for that offense should have been in accord…
• Arnette v. State, 566 So. 2d 1369 (Fla. 5th DCA 1990)
  …462 So. 2d 607 (Fla. 2d DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), rev. denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1981); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981), appeal dism., 406 So. 2d 1118 (Fla.1981). These cases made no distinction between cases originally involving straight probation (or community control) and cases in which, originally, a true or probationary split sentence was imposed. At this point the seeds of another ambiguity…

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Authorities Cited

• State v. Goodson, 403 So. 2d 1337 (Fla. 1981)
• Lenz v. State, 395 So. 2d 1273 (Fla. 4th DCA 1981)