RICHMOND WILLIE GREEN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHMOND WILLIE GREEN, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
407 So. 2d 1066
Florida District Court of Appeal, Second District (1981)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. Although appellant has not raised this point, the sentence imposed herein may be illegal under the doctrine of Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1981). Accordingly, this affirmance is without prejudice to appellant seeking resentencing by raising the Villery issue in a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.850.
SCHEB, C. J., and GRIMES and CAMPBELL, JJ., concur.
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State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)…urt of Appeal’s decisions in Burley v. State, 402 So. 2d 73 (Fla. 5th DCA 1981), and Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981). The district court’s decision is supported by Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982); Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981); Batch v. State, 405 So. 2d 302 (Fla. 4th DCA 1981); Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979); and Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979). The state contends that the issue is whether the trial court’s non…
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Hammonds v. State, 543 So. 2d 337 (Fla. 4th DCA 1989)…d remanded for a new sentencing hearing in compliance with section 39.111(7), Florida Statutes (1987) because (1) the trial court imposed adult sanctions when the court [*339] had not received or considered the predisposition report. Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981); (2) the trial court did not make specific findings of fact addressing each of the statutorily dictated criteria in deciding to impose adult sanctions. State v. Rhoden, 448 So. 2d 1013 (Fla.1984); West v. State, 503 So. 2d 435 (Fl…
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Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982)…da Statutes (1979) prescribes the mandatory sentencing procedures to be followed by the trial court when jurisdiction of a juvenile defendant has been transferred from Juvenile Court to the Criminal Division of the Circuit Court. See Leach v. State, 407 So. 2d 1066 (Fla.2d DCA 1981); Johnson v. State, 371 So. 2d 556 (Fla.2d DCA 1979). The trial court, in sentencing appellant, failed to include specific reference to the six criteria contained in the statute (which deal with the suitability of adult sanctions),…
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- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)