DALE E. HONAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DALE E. HONAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
467 So. 2d 841
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
We affirm, based on the authority of Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984), in which this court certified the following questions to the Supreme Court of Florida:
1. WHEN A PERSON IS SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO CHAPTER 958.-05(2), FLORIDA STATUTES (1979), DOES THE CIRCUIT COURT HAVE JURISDICTION TO REVOKE THE COMMUNITY CONTROL PROGRAM STATUS OF THAT PERSON?
2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE POSITIVE, MAY THE CIRCUIT COURT, UPON REVOCATION OF A YOUTHFUL OFFENDER’S COMMUNITY CONTROL PROGRAM STATUS, TREAT THE DEFENDANT AS THOUGH IT HAD NEVER PLACED HIM IN COMMUNITY CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES?
We again certify those questions to the Supreme Court of Florida as questions of great public importance.
ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Manley v. State, 605 So. 2d 1327 (Fla. 2d DCA 1992)…60, 563, 595 N.E. 2d 1230, 1233 (1992). See also People v. Solomon, 158 Ill.App.3d 432, 110 Ill.Dec. 698, 511 N.E. 2d 875, app. den., 117 Ill.2d 552, 115 Ill.Dec. 408, 517 N.E. 2d 1094 (1987). In the present case, unlike [*1329] Martinelli v. State, 467 So. 2d 841 (Fla. 4th DCA 1985), the petitioner has set out both a detailed recitation of facts and the specific measures he believes counsel should have taken. Neither the state’s response to Manley’s motion nor the trial court’s order sufficiently refute this…
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Romano v. State, 562 So. 2d 406 (Fla. 4th DCA 1990)…ent the petition lacks a sufficient factual predicate for the allegations and is insufficient to require a hearing. I would affirm. Gorham v. State, 521 So. 2d 1067 (Fla.1988); Ricco v. State, 474 So. 2d 327 (Fla. 4th DCA 1985); Martinelli v. State, 467 So. 2d 841 (Fla. 4th DCA 1985); Wilson v. State, 531 So. 2d 1012 (Fla. 2d DCA 1988); Prince v. State, 508 So. 2d 447 (Fla. 1st DCA 1987); Swain v. State, 502 So. 2d 494 (Fla. 1st DCA 1987).…
Authorities Cited
- Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984)