LUIS MIGEL RUIZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• Novaton v. State, 634 So. 2d 607 (Fla. 1994)
  …endant as part of a mutually advantageous agreement with the state.” Id. at 728 (citing Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989); Jacobs v. State, 522 So. 2d 540 (Fla. 3d DCA), review denied, 531 So. 2d 1353 (Fla.1988); Preston v. State, 411 So. 2d 297 (Fla. 3d DCA), review denied, 418 So. 2d 1280 (Fla.1982); Smith v. State, 345 So. 2d 1080 (Fla. 3d DCA), cert. denied, 353 So. 2d 678 (Fla.1977)). In its final conclusion, the district court noted: “Having accepted its benefits by avoiding a life se…
• Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984)
  …Appellants may not complain of any error in being placed on probation rather than in a community control program because they accepted the benefits of such improvident placement. Cf. King v. State, 373 So. 2d 78 (Fla.3d DCA 1979); Preston v. State, 411 So. 2d 297 (Fla. 3d DCA 1982). The jurisdictional issue arises from section 958.10, Florida Statutes (1979), and its apparent conflict with sections 958.05(2) and 958.14. Pursuant to section 958.05(2) the circuit court has jurisdiction to impose a maximum sen…
• Domingo Antonio Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989)
  …2d 439 (Fla. 3d DCA 1984) (defendant who pled guilty in exchange for a sentence of three years imprisonment and four years probation “may not .accept and enjoy a probation, then challenge it as illegal after violating its terms”); Preston v. State, 411 So. 2d 297, 298-99 (Fla. 3d DCA 1982) (Defendant who should have been sentenced as a youthful offender but was placed on probation “waived his right to question the legality of a probation which he has enjoyed and violated.”), pet. for review denied, 418 So. 2…

Authorities Cited

• Sullivan v. State, 303 So. 2d 632 (Fla. 1974)
• Pulliam v. Georgia, 428 U.S. 911 (U.S. 1976)
• In the Interest of M. E., 370 So. 2d 795 (Fla. 1979)
• Adirim v. State, 350 So. 2d 1082 (Fla. 3d DCA 1977)