STATE

v.

ROGERS

Citator

Cited By

• Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)
  …status upon resentencing after a violation of probation or community control. State v. Arnette, 604 So. 2d 482, 484 (Fla.1992); Johnson v. State, 41 So. 3d 1115 (Fla. 4th DCA 2010); Rogers v. State, 972 So. 2d 1017, 1019 (Fla. 4th DCA), rev. denied, 988 So. 2d 622 (Fla.2008); Hudson v. State, 989 So. 2d 725, 726 (Fla. 1st DCA 2008); Gardner v. State, 656 So. 2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sent…
• Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010)
  …a trial court’s denial of a motion for judgment of acquittal, considering the evidence and all reasonable inferences from the evidence in the light most favorable to the State. Behanna v. State, 985 So. 2d 550, 555 (Fla. 2d DCA 2007), review denied, 988 So. 2d 622 (Fla.2008). Because Nicholas was not found in actual possession of cocaine, the State’s trafficking charge against him was premised upon his constructive possession of the cocaine found in the Morro Manor apaHment. To prove constructive possession,…
• Johnson v. State, 41 So. 3d 1115 (Fla. 4th DCA 2010)
  …nse, but rather is charged by way of a violation of the defendant’s youthful offender commitment, the defendant’s youthful offender status may not be revoked.” Rogers v. State, 972 So. 2d 1017, 1019 (Fla. 4th DCA 2008), rev. denied, State v. Rogers, 988 So. 2d 622 (Fla.2008). [*1116] We, therefore, remand for reinstatement of Johnson’s youthful offender status. Affirmed in Part; Reversed in Part, and Remanded. HAZOURI, GERBER, JJ., and KELLEY, GLENN D., Associate Judge, concur.…