LARRY KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY KING, APPELLANT,
STATE OF FLORIDA, APPELLEE
490 So. 2d 85
Florida District Court of Appeal, First District (1986)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The trial court’s summary denial of appellant’s motion for correction of sentence based upon his assertion that the sentence violated the plea agreement is AFFIRMED. The trial court has attached to its order the transcripts of the plea and sentencing hearings, which conclusively show that appellant is entitled to no relief. Appellant may not in the future assert this ground in a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.
THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
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K.C. v. State, 524 So. 2d 658 (Fla. 1988)…zed conflict with the First and Fifth District Courts of Appeal which have held that section 812.015(6) requires a finding of guilt on the underlying theft before the state can bring the charge of resisting a merchant. See In the Interest of J.L.P., 490 So. 2d 85 (Fla. 1st DCA 1986); K.M.S. v. State, 402 So. 2d 593 (Fla. 5th DCA 1981). Accord In the Interest of W.L.B., 502 So. 2d 50 (Fla. 1st DCA 1987). We find these holdings consistent with the plain language of section 812.015(6). As defined, the subsequen…
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In the Interest of W.L.B., 502 So. 2d 50 (Fla. 1st DCA 1987)…store personnel who attempted to recover the merchandise. Although immediately after his arrest, W.L.B. was charged with petit theft and resisting a merchant, the latter charge was dropped based on this court’s decision in In the Interest of J.L.P., 490 So. 2d 85 (Fla. 1st DCA 1986). An individual commits the offense of resisting a merchant when he resists the reasonable efforts of a merchant to recover merchandise reasonably believed by the merchant to be stolen, which individual is subsequently found to b…
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K.C. v. State, 507 So. 2d 769 (Fla. 3d DCA 1987)…e counts should have been granted because the statute precludes the bringing of such charge until after a conviction for petit theft has been obtained.2 We recognize that two other district courts have taken this position. In the Interest of J.L.P., 490 So. 2d 85 (Fla. 1st DCA 1986) (affirming delinquency adjudication based on theft of bicycle pump, but remanding for dismissal of charge of resisting a merchant, holding that the statute required a finding of guilt on the theft charge before a defendant could…