LESTER JOYNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LESTER JOYNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
594 So. 2d 328
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 5 cases
Opinion of the Court
CASE, JAMES R., Associate Judge.
We affirm the defendant’s conviction and sentence upon his violation of community control.
We need not and do not address the defendant’s argument that he should not have been sentenced to community control after having been declared a habitual offender. The record on appeal does not indicate that the defendant objected to the community control sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of community control constituted a waiver of the right to attack that community control at revocation. See Thompson v. State, 591 So. 2d 1114 (Fla. 2d DCA 1992); Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983).
DANAHY, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bowles v. Singletary, 698 So. 2d 1201 (Fla. 1997)…that an affirmative election to accept a newly created program waives any potential ex post facto argument the petitioner may have had. See Brown v. State, 487 So. 2d 1073 (Fla.1986); Cochran v. State, 476 So. 2d 207 (Fla.1985); cf. Joyner v. State, 594 So. 2d 328 (Fla. 2d DCA 1992)(holding that acceptance of community control constituted waiver of right to contest supervision upon revocation), approved, 618 So. 2d 205 (Fla.1993). Both the beneficial opportunities and the potential forfeiture provisions of t…
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Joyner v. State, 618 So. 2d 205 (Fla. 1993)…PER CURIAM. We review Joyner v. State, 594 So. 2d 328 (Fla. 2d DCA 1992), on the ground of express and direct conflict under article V, section 3(b)(3), Florida Constitution. Based on this Court’s adoption in McKnight v. State, 616 So. 2d 31 (Fla.1993), of the rationale expressed in King v. State, 59…
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Collins v. Hendrickson, 371 F. Supp. 2d 1326 (M.D. Fla. 2005)…ter the revocation of his Control Release to complain about his 1991 placement thereon. See Bowles, supra; Roach v. Mitchell, 456 So.2d 963 (Fla. 2d DCA 1984); Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982); Joyner v. State, 594 So.2d 328 (Fla. 2d DCA 1992), approved, 618 So.2d 205 (Fla.1993). Plaintiff has consequently waived any ex post facto claim he may have had regarding the forfeiture of his gain-time. Dkt. 16, Ex. N. Petitioner’s Petition for Writ of Certiorari…1 / 2
Authorities Cited
- Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)
- Thompson v. State, 591 So. 2d 1114 (Fla. 2d DCA 1992)
- Swanson v. State, 591 So. 2d 1114 (Fla. 1st DCA 1992)