ROCHELLE WASSERMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant’s conviction of disorderly conduct, under section 877.03, Florida Statutes (1981), is affirmed on the basis that her conduct, apart from her spoken words, supports the conviction. See White v. State, 330 So. 2d 3, 6 (Fla.1976); Williams v. State, 340 So. 2d 498 (Fla. 1st DCA), cert. denied, 348 So. 2d 954 (Fla.1977), cert. denied, 434 U.S. 1017, 98 S.Ct. 737, 54 L.Ed.2d 763 (1978); K.G. v. State, 338 So. 2d 72 (Fla. 3d DCA 1976).
The state concedes that the sentencing order must be corrected so as to reflect the specific amount of credit time to which the defendant is entitled. § 921.161(1), Fla. Stat. (1981); Pruitt v. State, 363 So. 2d 611 (Fla. 2d DCA 1978). Accordingly, we remand for that purpose.
The conviction is affirmed; the sentence is remanded for correction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995)…the discretion of the judge below, sitting as the trier of fact, to find that appellant uttered the ... words with an intent to incite the police officer and perhaps others to violence”), rev. denied, 549 So. 2d 1014 (Fla.1989); Wasserman v. State, 446 So. 2d 231 (Fla. 3d DCA 1984) (affirming disorderly conduct conviction on basis that appellant’s conduct, apart from her spoken words, supported the conviction). I also dissent from the majority’s reversal on Issues 3 and 4, as those issues were either prope…
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Wiltzer v. State, 756 So. 2d 1063 (Fla. 4th DCA 2000)…loud and abusive, continually interrupting [the officer’s] investigation, demanding that he take a report from [the appellant] first, yelling obscenities at [the' officer], and ignoring [the officer’s] request to wait his turn”); Wasserman v. State, 446 So. 2d 231 (Fla. 3d DCA 1984) (concluding that “[t]he defendant’s conviction of disorderly conduct ... is affirmed on the basis that her conduct, apart from her spoken words, supports the conviction”). We affirm appellant’s conviction for disorderly conduct.…
Authorities Cited
- White v. State, 330 So. 2d 3 (Fla. 1976)
- Laurentino A. Garcia v. State, 338 So. 2d 72 (Fla. 3d DCA 1976)
- Juzenas v. City of Southfield, 434 U.S. 1017 (U.S. 1978)
- Kelly v. United States, 434 U.S. 1017 (U.S. 1978)
- Sylister Ed Williams v. State, 340 So. 2d 498 (Fla. 1st DCA 1976)
- Pruitt v. State, 363 So. 2d 611 (Fla. 2d DCA 1978)