WILLIE ORR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Petitioner, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed. Christopher v. State, 416 So. 2d 450 (Fla.1982); Washington v. State, 397 So. 2d 285 (Fla.1981); Knight v. State, 394 So. 2d 997 (Fla.1981); State v. Youngblood, 217 So. 2d 98 (Fla.1968); Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981); Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981); Williams v. State, 396 So. 2d 267 (Fla. 3d DCA 1981); Mauldin v. State, 382 So. 2d 844 (Fla. 1st DCA 1980); Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977); Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977).
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Cited By
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Smith v. State, 484 So. 2d 581 (Fla. 1986)…EHRLICH, Justice. The district court has certified that its decision in this case, Smith v. State, 448 So. 2d 20 (Fla. 1st DCA 1984), is in direct conflict with a decision of another district, Winkle v. State, 422 So. 2d 984 (Fla. 2d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Smith was convicted of a second-degree misdemeanor, trespass in a structure. The trial judge withheld sentence and placed Smith on six months probation. Smith was to serve six…
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Smith v. State, 448 So. 2d 20 (Fla. 1st DCA 1984)…carceration period for rehabilitation purposes. Cf, Winkle, infra. We certify, pursuant to Art. V, § 3(b)(4), Florida Constitution (1983), that this decision is in direct conflict with that of the Second District Court of Appeal in Winkle v. State, 422 So. 2d 984 (Fla. 2d DCA 1982). That case involved a factual situation identical to the one herein. Appellant had received a six-month period of probation, and, as a condition thereof, was required to serve 60 days in jail, the maximum sentence allowable for hi…
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Grant v. State, 600 So. 2d 19 (Fla. 2d DCA 1992)…alternative. See Poore v. State, 531 So. 2d 161, 164 (Fla.1988). The trial court followed the mandate of this court at resentencing by imposing what is clearly a guidelines sentence. The case on which defendant principally relies, Winkle v. State, 422 So. 2d 984 (Fla. 2d DCA 1982), is distinguishable. In Winkle, the combined incarceration and probation exceeded the statutory maximum. The crux of defendant’s argument is the position that the 10 years probation is superfluous because it is unenforceable under…
Authorities Cited (12 total)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- State v. Youngblood, 217 So. 2d 98 (Fla. 1968)
- Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977)
- Christopher v. State, 416 So. 2d 450 (Fla. 1982)
- Washington v. State, 397 So. 2d 285 (Fla. 1981)
- Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981)
- Ables v. State, 404 So. 2d 137 (Fla. 5th DCA 1981)
- Rubin James Mauldin v. State, 382 So. 2d 844 (Fla. 1st DCA 1980)
- Burau v. State, 353 So. 2d 1183 (Fla. 3d DCA 1977)
- Michael v. Sealy, 353 So. 2d 1183 (Fla. 1st DCA 1977)