RICKY M. JOHNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY M. JOHNS, APPELLANT,
STATE OF FLORIDA, APPELLEE
596 So. 2d 685
Florida District Court of Appeal, Second District (1992)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the convictions and sentences imposed upon appellant after he was found guilty of violating his probation.
We need not and do not address the appellant’s contention that he should not have been sentenced to probation after having been declared a habitual offender. The appellant did not object 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. See Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983).
We find no merit in any of the remaining issues raised by the appellant.
Affirmed.
SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hicks v. State, 595 So. 2d 976 (Fla. 1st DCA 1992)…ed this issue. Accordingly, we express no opinion as to it; or as to whether or not, having accepted the benefit of the original sentence which included probation, appellant has waived the right to challenge that sentence. See, e.g., Johns v. State, 596 So. 2d 685 (Fla. 2d DCA 1992); King v. State, 373 So. 2d 78 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1197 (Fla.1980).…
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State v. Chuck Adderly, 596 So. 2d 687 (Fla. 4th DCA 1992)…received a sentence of two and one-half years of probation instead of the mandatory three years in prison required by section 893.13(13)(l)(e), Florida Statute (1989). We reverse on the authority of this court’s en banc opinion in State v. Jenkins, 596 So. 2d 685 (Fla. 4th DCA 1992). We remand with directions to the trial court to resentence appellee consistent with this opinion. REVERSED AND REMANDED WITH DIRECTIONS FOR RESENTENCING. DELL, GARRETT and FARMER, JJ., concur.…
Authorities Cited
- Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)