JEFFREY JEROME WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-09-02
No. 80-1819
GRIMES, A.C.J., and OTT and RYDER, JJ., concur.
431 So. 2d 1009 Florida District Court of Appeal, Second District (1981) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the conviction and judgment of guilt entered herein, but set aside the illegal sentence imposed. We remand to the trial court for imposition of a legal sentence within the requirements of section 775.082(1), Florida Statutes (1979).

GRIMES, A.C.J., and OTT and RYDER, JJ., concur.


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  • Blanco v. State, 466 So. 2d 1152 (Fla. 4th DCA 1985)
    …r in the various issues raised on appeal. Cf. Ray v. State, 403 So. 2d 956 (Fla.1981). We also specifically reject appellant’s contentions of incompetency of counsel, finding such claims patently invalid on the record before us. See State v. Eicher, 431 So. 2d 1009 (Fla. 3d DCA 1982). Notwithstanding our affirmance of the convictions and sentences, we remand with directions that the provisions of the trial court’s order retaining jurisdiction over the appellant’s sentences be stricken. ANSTEAD, C.J., and H…
  • Clausell v. State, 548 So. 2d 889 (Fla. 3d DCA 1989)
    …and location. Our analysis on this point begins with the undeniable proposition that even a constitutionally improper search [*891] does not “revert back” so as to taint the product of an earlier, properly undertaken police action. State v. Eicher, 431 So. 2d 1009 (Fla. 3d DCA 1982); State v. Tillman, 402 So. 2d 19 (Fla. 3d DCA 1981). Thus, the second search and seizure had nothing to do with the admitted propriety of the first consent search in which the police saw and carefully examined the jacket, and most…
  • State v. Hill, 501 So. 2d 39 (Fla. 2d DCA 1986)
    …he respondent, albeit such suppression occurs in the order’s decretal paragraph in the form of granting the respondent’s “Motion To Exclude Use Of Former Testimony.” See State v. Segura, 378 So. 2d 1240 (Fla. 2d DCA 1979); see also, State v. Eicher, 431 So. 2d 1009 (Fla. 3d DCA 1982). In short, had the state not filed the petition for certiorari and simply pursued comprehensive appellate review of the January 20 order initiated in Case No. 86-235, our jurisdiction under Rule 9.140(c)(1)(B) would extend to an e…

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