ARTHUR LACOURSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-02-19
No. 91-01038
DANAHY, A.C.J., and THREADGILL, J., concur.
593 So. 2d 619 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases
Opinion of the Court
CASE, JAMES R., Associate Judge.

CASE, JAMES R., Associate Judge.

We affirm the defendant’s conviction and sentence upon his violation of probation.

We need not and do not address the defendant’s argument that he should not have been sentenced to probation after having been declared a habitual offender. The record on appeal does not indicate that the defendant objected to that probationary sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of probation constituted a waiver of the right to attack that probation at revocation. Thompson v. State, 591 So. 2d 1114 (Fla. 2d DCA 1992); see Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983).

DANAHY, A.C.J., and THREADGILL, J., concur.

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  • Saenz v. Saenz, 602 So. 2d 973 (Fla. 3d DCA 1992)
    …055 (Fla. 4th DCA 1983). Instead, the applicable doctrine is that rulings on temporary relief do not affect later orders on the same issue, which must be dealt with independently on the basis of the record which is then presented. Pearson v. Caudle, 593 So. 2d 619 (Fla. 4th DCA 1992); Gilbert v. Gilbert, 105 So. 2d 379 (Fla. 3d DCA 1958). On that basis, the record at most shows that (a) the father has perhaps imprudently discussed the issues in this case with the child and (b) has been involved in a continu…
  • Swartsell v. Swartsell, 615 So. 2d 825 (Fla. 4th DCA 1993)
    …CURIAM. Reversed and remanded for an evidentia-ry hearing. We agree with appellant that the trial court erred in resolving the issue of temporary custody of the parties’ minor child without conducting an evidentiary hearing. Cf. Pearson v. Caudle, 593 So. 2d 619 (Fla. 4th DCA 1992). GLICKSTEIN, C.J., and ANSTEAD, J., concur. STONE, J., concurs specially with opinion.…

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