SAMUEL LEE SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMUEL LEE SIMMONS, APPELLANT,
STATE OF FLORIDA, APPELLEE
584 So. 2d 596
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s convictions but reverse the appellant’s habitual offender sentences and remand for resentencing. In order to be sentenced as a habitual offender under section 775.084, Florida Statutes (1988), a defendant must have successive felony convictions. The appellant’s two prior convictions were rendered on the same date, and so they should have been treated as a single offense. Walker v. State, 567 So. 2d 546 (Fla.2d DCA 1990).
Reversed and remanded for resentencing.
DANAHY, A.C.J., and FRANK and HALL, JJ., concur.
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Dep't OF Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003)…l and timely remitting of child support payments is certainly in the best interests of the supported child. Therefore, any abatement or waiver of support payments owed to the child would certainly harm the interests of the child. See Imami v. Imami, 584 So. 2d 596, 598 (Fla. 1st DCA 1991) (“[C]hild support is a right which belongs to the child.”); see also Cole v. Cole, 70 Ohio App.3d 188, 590 N.E. 2d 862, 865 (1990) (“While [the parent] is incarcerated, the needs of his children are not diminished.... The on…
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Muller v. Melonie R. Muller, 964 So. 2d 732 (Fla. 3d DCA 2007)…port to defray the cost of traveling to Grand Junction is not authorized under any statute or court precedent. Given that child support belongs to the child, the mother’s offer to use the money in this manner is not hers to make. See Imami v. Imami, 584 So. 2d 596 (Fla. 1st DCA 1991); de Jesus Paris v. Bollon, 503 So. 2d 1387, 1388 (Fla. 4th DCA 1987).…
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Serio v. Serio, 830 So. 2d 278 (Fla. 2d DCA 2002)…ed on the void agreement. It is well settled that parents may not waive their children’s right to support because that right belongs to the children. State Dep’t of Revenue v. Ortega, 682 So. 2d 589, 590 (Fla. 2d DCA 1996); see also Imami v. Imami, 584 So. 2d 596, 598 (Fla. 1st DCA 1991); Armour v. Allen, 377 So. 2d 798, 799-800 (Fla. 1st DCA 1979). While the parties to a marriage may contract between themselves as to who will assume particular obligations, they cannot contract away their children’s right to…
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- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)