TOBY REED FLAKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TOBY REED FLAKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
517 So. 2d 784
Florida District Court of Appeal, Fifth District (1988)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The defendant appeals, on the basis of Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA), rev. denied, 515 So. 2d 230 (Fla.1987), only one sentence (case no. 86-2769) of multiple sentences scored on a single guidelines scoresheet. The appealed sentence was for community control only and not incarceration. Standing alone, the appealed sentence does not violate Hankey and it is therefore
AFFIRMED.
DAUKSCH, COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gibbs v. State, 529 So. 2d 369 (Fla. 1st DCA 1988)…, 1987 is accurate, the lower court should have sentenced him under the 1986 amended version of § 27.3455, which deleted the community service alternative for indigent defendants. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988). We cannot review this motion, however, because the record on appeal does not contain the order placing appellant on community service or the order adjudging him indigent, and because appellant did not comply with the requirement…
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Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988)…ice in lieu of $200.00 in costs, pursuant to section 27.3455(1), Florida Statutes (1987). Before Hollis was sentenced, that portion of the statute was repealed by the legislature. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987). AFFIRM SENTENCE AS MODIFIED. DAUKSCH and COBB, JJ., concur.…
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Fernandez v. State, 530 So. 2d 1079 (Fla. 3d DCA 1988)…eighteen years] for which the defendant was convicted. State v. Mischler, 488 So. 2d 523, 525 (Fla.1986). The court erred in imposing community service following the defendant’s term of imprisonment in lieu of payment of court costs. Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988) recognized that section 27.3455, Florida Statutes (Supp.1986) abolished the earlier version of that statute which had required the imposing on an indigent of a period of community control in lieu of costs. Finally, the trial cou…
Authorities Cited
- Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987)