JANICE PHILLIPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-07-24
No. 90-2597
STONE, GARRETT and FARMER, JJ., concur.
582 So. 2d 181 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the trial court revoking appellant’s community control is affirmed. However, the judgment is reversed and remanded as it appears that the appellant was initially adjudicated for this offense in 1988 and therefore has been adjudicated erroneously for the same offense a second time. On remand, the second adjudication is to be vacated.

STONE, GARRETT and FARMER, JJ., concur.


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  • Williams v. State, 591 So. 2d 295 (Fla. 4th DCA 1991)
    …rom entering a departure sentence be [*297] cause the record indicates that the trial court did not realize that the sentence it gave Williams was a departure from the guidelines. See State v. Vanhorn, 561 So. 2d 584, 585 (Fla.1990); Jones v. State, 582 So. 2d 181, 181-82 (Fla. 4th DCA 1991). In summary, we affirm the trial court’s imposition of $20.00 in victim costs pursuant to section 960.20. .However, we reverse the trial court’s imposition of $720.00 in court costs and $200.00 pursuant to section 27.345…
  • Snyder v. State, 597 So. 2d 384 (Fla. 2d DCA 1992)
    …Thus, we conclude that Snyder’s sentence is not illegal. The state concedes that the trial court erred in adjudicating Snyder guilty twice for the same offense. On remand, the trial court is to vacate the second adjudication. See Phillips v. State, 582 So. 2d 181 (Fla. 4th DCA 1991). As to restitution, the original judgment states, “FINE OF $5.25. RESTITUTION ORDERED WITHIN 2 YEARS.” As a special condition of probation, the probation order stated that Snyder would, by February 7, 1993, pay restitution to th…
  • Reed v. State, 681 So. 2d 913 (Fla. 4th DCA 1996)
    …rol exceeded recommended guideline sentence, and was departure sentence necessitating written reasons; the Youthful Offender Act limits a youthful offender sentence to the maximum sentence authorized under the sentencing guidelines); Jones v. State, 582 So. 2d 181 (Fla. 4th DCA 1991) (reversing sentence of four years probation followed by two years community control on the authority of Betancourt, as an upward departure from the sentencing guidelines). Since it does not appear that the trial court realized it…

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