R.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
R.S., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
537 So. 2d 682
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
The appellant was found delinquent on two counts, first, burglary of an auto, and second, grand theft of an auto. We sustain the delinquency finding as to count one, but we strike the delinquency finding as to count two for a lack of sufficient evidence. Therefore the adjudication of delinquency as to count one is affirmed and the adjudication of delinquency is hereby stricken as to count two. As modified the adjudication is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Novaton v. State, 610 So. 2d 726 (Fla. 3d DCA 1992)…ginally pled to the duplicitous charges in question. . A waiver cannot be effective, however, when the sentence in question is "void," Rodriguez, 441 So. 2d at 1129, that is, for example, to the extent it exceeds the statutory limit, Ruiz v. State, 537 So. 2d 682 (Fla. 3d DCA 1989), when the court lacks jurisdiction over the case itself, see Solomon v. State, 341 So. 2d 537 (Fla. 2d DCA 1977), or — in the double jeopardy context — when, after an acquittal, the state has lost the power to prosecute a particul…
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State v. Ortiz, 79 So. 3d 177 (Fla. 3d DCA 2012)…five years' imprisonment; count two carried a maximum sentence of sixty days in the county jail. . We note, however, that a waiver cannot be effective when the sentence in question is "void.” Rodriguez, 441 So. 2d at 1129; see e.g., Ruiz v. State, 537 So. 2d 682, 683 (Fla. 3d DCA 1989) (vacating sentence and remanding for further proceedings where sentence exceeds the statutory maximum and is therefore illegal); Solomon v. State, 341 So. 2d 537, 538 (Fla. 2d DCA 1977) (holding that order placing Solomon on…
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Gifford v. State, 744 So. 2d 1046 (Fla. 4th DCA 1999)…lawful sentence if the state agrees or permit Gif-ford to withdraw his plea and proceed on the original charges. See Shelton v. State, 739 So. 2d 1235 (Fla. 4th DCA 1999); Hawes v. State, 712 So. 2d 834 (Fla. 4th DCA 1998); Dominguez; Ruiz v. State, 537 So. 2d 682 (Fla. 3d DCA 1989). SHAHOOD, GROSS and TAYLOR, JJ., concur.…
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