TYRONE HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-04-03
No. 84-1850
GLICKSTEIN and BARKETT, JJ., concur.
473 So. 2d 716 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 24 cases


Opinion of the Court
LETTS, Judge.

LETTS, Judge.

After reviewing the briefs and the record on appeal in this case, we find the appellant failed to demonstrate that his probation violation was not willful and substantive. Therefore, we affirm the revocation of his probation.

Nevertheless, the trial court failed to enter a written order revoking appellant’s probation, and accordingly, we remand for entry of same. Manley v. State, 453 So. 2d 231 (Fla. 4th DCA 1984). The trial court, on remand, should enter an order to conform to its oral pronouncements which sentenced him to two years in prison for the strong armed robbery. However, it is without authority to sentence him for more than sixty days for the simple assault conviction, Section 784.011(2), Florida Statutes (1983), and its order should reflect this.

GLICKSTEIN and BARKETT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989)
    …virons of schools is a rational means of reducing the risk of easy [*283] availability that can lead to such acquisition. 779 F. 2d at 125. Since reverse-sting operations have not been held to be outrageous as a matter of law, see Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA 1985), pet. for rev. den., 475 So. 2d 696 (Fla.1985), this statute should not be considered unacceptable because it might lure drug buyers or sellers into the drug free zone. After all, any sting operation “facilitates” a violation of t…
  • Howard v. State, 484 So. 2d 1232 (Fla. 1986)
    …SHAW, Justice. We review Howard v. State, 473 So. 2d 716 (Fla. 4th DCA 1985), based on direct and express conflict with Hudson v. State, 425 So. 2d 1166 (Fla. 2d DCA 1983). Our jurisdiction is based on article V, section 3(b)(3) of the Florida Constitution. Petitioner was placed on five years’ probation…
  • Rossi Borgia v. State, 489 So. 2d 112 (Fla. 2d DCA 1986)
    …PER CURIAM. Appellant appeals the denial of his motion to dismiss which was based on entrapment and violation of due process. We affirm. See Yolman v. State, 473 So. 2d 716 (Fla. 2d DCA 1985). We note that the jury found appellant guilty of the offense of trafficking in cocaine. Yet the written judgment states that appellant pled guilty to that offense. Therefore, we remand for correction of appellant’s judgment to ref…

Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw