WILLIE FRED POLLARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Harrison Porterfield v. State, 567 So. 2d 429 (Fla. 1990)
  …EHRLICH, Justice. We have for review Porterfield v. State, 553 So. 2d 186 (Fla. 1st DCA 1989), and Pollard v. State, 553 So. 2d 770 (Fla. 1st DCA 1989). We have jurisdiction. Art. V, §§ 3(b)(3), (4), Fla. Const. We quash the decisions of the First District Court of Appeal for the reasons stated in State v. Burton, 555 So. 2d 1210 (Fla.1989): We held, in State v. Smith, 547 So.…
• ST. Clair v. State, 575 So. 2d 243 (Fla. 2d DCA 1991)
  …convictions and sentences would not be permissible for possession-with-intent-to-sell and sale because these crimes were located in the same subsection of section 893.13. The supreme court took up Porterfield, and a companion case, Pollard v. State, 553 So. 2d 770 (Fla. 1st DCA 1989), together for review under its conflict jurisdiction.17 Pollard had been a one sentence affirmance based on 83-Smith and the first district’s own Wheeler. The supreme court quashed both of the first district’s holdings stating as…
• Davis v. State, 634 So. 2d 287 (Fla. 1st DCA 1994)
  …e, appellant’s sentences must be reversed and the case remanded with directions to allow credit in accordance with Green. Accord Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994); Hill v. State, 565 So. 2d 420 (Fla. 1st DCA 1990); Johnson v. State, 553 So. 2d 770 (Fla. 1st DCA 1989). As the awarding of gain time is solely a function of the Department of Corrections,2 there is no need to “resentence” appellant or have him present when the sentences are corrected. Although neither party has raised this issue,…

Authorities Cited

• Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)
• Smith v. State, 430 So. 2d 448 (Fla. 1983)