IRVING FOYE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
IRVING FOYE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
558 So. 2d 537
Florida District Court of Appeal, Third District (1990)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
As the state concedes, the trial court’s imposition of a probationary term, which was not called for in the plea agreement, was unjustified. Simpson v. State, 467 So. 2d 437 (Fla. 5th DCA 1985). Accordingly, the sentence under review is vacated and the cause remanded with directions for the trial court either to impose the sentence agreed upon or permit the appellant to withdraw his plea.
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Perkins v. State, 576 So. 2d 1310 (Fla. 1991)…PER CURIAM. We have for review State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990), which certified a question of great public importance 1 Is the defense of self defense available for a killing that occurred when both the defendant and the decedent were engaged in an attempt to traffic in cocaine and the deced…1 / 2
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State v. Price, 564 So. 2d 1239 (Fla. 5th DCA 1990)…ary to comply with the knock and announce statute1 when to do so would increase the officer’s peril or when there is a likelihood of the destruction of evidence. Benefield v. State, 160 So. 2d 706 (Fla.1964). We first note that in State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990) our sister court observed Numerous cases attest to the propensity for violence inherent in narcotics trafficking. See e.g. State v. Sayers, 459 So. 2d 352, 353 (Fla. 3d DCA 1984) (In a drug “transaction prospectively involving a…
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Pineda v. State, 571 So. 2d 105 (Fla. 3d DCA 1990)…dire examination of twenty-three potential jurors to less than thirty minutes. On a remaining issue — whether possession of cocaine with the intent to sell is a forcible felony — the trial court should be guided by our opinion in State v. Perkins, 558 So. 2d 537 (Fla. 3d DCA 1990), which was released after the trial of this case. Reversed and remanded for a new trial.…
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- Simpson v. State, 467 So. 2d 437 (Fla. 5th DCA 1985)