MICHAEL JAMES HILLYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Judge.
Hillyer appeals his sentences and convictions for resisting arrest with violence,1 and battery upon a law enforcement officer.2 We affirm except for that portion of the judgment which imposes 137 hours of community service pursuant to section 27.-3455(1). At the time Hillyer was sentenced on December 16, 1986, section 27.3455(1) was amended (effective October 1, 1986) to delete the possible imposition of community service. Accordingly, we strike that part of the judgment. Cf. Vetzel v. State, 511 So. 2d 739 (Fla. 5th DCA 1987).
AFFIRM; STRIKE PART OF SENTENCE.
UPCHURCH, C.J., and DAUKSCH, J., concur. . § 843.01, Fla.Stat. (1985).
. § 784.07, Fla.Stat. (1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992)…to recognize the odor of marijuana and who is familiar with it and can recognize it has probable cause, based on the smell alone, to search a person or a vehicle for contraband. State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986). As this court noted in Wells: The mere possession of marijuana is illegal. When a police officer who knows the smell of burning marijuana detects that odor emanating from a v…
-
Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)…use the officer has probable cause, he or she is authorized to arrest the person and then to conduct a warrant-less search. See State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992); State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986); State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986). Compare Smith v. State, 904 So. 2d 534, 537 (Fla. 1st DCA 2005). We conclude, therefore, that there was competent, subst…
-
Indialantic Police Dep't v. Zimmerman, 677 So. 2d 1307 (Fla. 5th DCA 1996)…ested and obtained permission to search the truck. The odor of marijuana coming from the knapsack would have permitted him to discover the contraband inside the knapsack. See Rogers v. State, 586 So. 2d 1148, 1152 (Fla. 2d DCA 1991); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986). Thus, it was proper for the trial court to consider the presence of the contraband in the truck, and the truck’s role in transporting it, in making a probable cause finding re…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vetzel v. State, 511 So. 2d 739 (Fla. 5th DCA 1987)