MICHAEL PARKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL PARKS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
463 So. 2d 521
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The order revoking the defendant’s probation is affirmed. The sentence of seven and one-half years imprisonment imposed exceeds the statutorily permissible maximum of five years and is fundamental error. State v. Rhoden, 448 So. 2d 1013 (Fla. 1984); Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981). The cause is remanded with directions to reduce the sentence to five years.
Cases With Similar Vibessemantic neighbors from the corpus
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Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)…ge’s conclusion that an extended term of imprisonment was necessary as provided for in section 775.084, there were no such written conclusions supported by the essential findings of fact. Walker v. State, 462 So. 2d 452 (Fla.1985); Hopkins v. State, 463 So. 2d 521 (Fla. 3d DCA 1985). We agree and remand for resentencing. [*1092] If the trial judge is able, by written findings evidenced by specific record facts, to support the conclusion that appellant should be sentenced as a habitual offender, appellant may…
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Watson v. State, 492 So. 2d 831 (Fla. 5th DCA 1986)…2d 452 (Fla.1985); Bogan v. State, 489 So. 2d 157 (Fla. 2d DCA 1986); Rosemond v. State, 489 So. 2d 1185 (Fla. 1st DCA 1986); Welsh v. State, 486 So. 2d 38 (Fla. 2d DCA 1986); Winters v. State, 475 So. 2d 1025 (Fla. 1st DCA 1985); Hopkins v. State, 463 So. 2d 521 (Fla. 3d DCA 1985); Scott v. State, 446 So. 2d 261 (Fla. 2d DCA 1984); Little v. State, 440 So. 2d 603 (Fla. 3d DCA 1983). A general statement that due to his record it is necessary for the protection of the public to sentence the defendant to an ex…
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Wallace v. State, 478 So. 2d 1092 (Fla. 5th DCA 1985)…2d 938 (Fla. 2d DCA 1984); Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984); and Daniels v. State, 10 F.L.W. 1443 (Fla. 4th DCA June 12, 1985). However, the Third and Fifth District Courts of Appeal have no such requirement. Hopkins v. State, 463 So. 2d 521 (Fla. 3rd DCA 1985); Shepard v. State, 459 So. 2d 460 (Fla. 3rd DCA 1984); Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984); and Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983), approved, 456 So. 2d 448 (Fla.1984). We therefore certify to th…
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- State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)