CURTISS W. CARLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CURTISS W. CARLIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
626 So. 2d 316
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 11 cases
Opinion of the Court
THOMPSON, Judge.
Curtis W. Carlin, appellant, appeals his sentence of community control imposed for two misdemeanors, to be served concurrently. Community control can only be imposed for felony offenses. Section 948.01(3), Fla. Stat. (1991); See Thompson v. State, 617 So. 2d 411 (Fla. 2d DCA 1993); York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992); DeLeon v. State, 536 So. 2d 305 (Fla. 2d DCA 1988). The sentences imposed for two misdemeanors are vacated.
REVERSED.
HARRIS, C.J., and COBB, J., concur.
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Curtiss W. Carlin v. State, 648 So. 2d 261 (Fla. 5th DCA 1994)…es of community control for each of the misdemeanors. On a prior appeal of both cases, this court vacated the sentences Carlin received for the two misdemeanors since community control is not a sentencing option for a misdemeanor. Carlin v. State, 626 So. 2d 316 (Fla. 5th DCA 1993). However, on remand to the circuit court, the trial court not only resentenced Carlin for the misdemeanors, but vacated the sentence for the burglary on the ground that the remaining five year probationary sentence for the burgla…
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Estrelita Davis v. BAT Mgmt. Found., Inc., 723 So. 2d 349 (Fla. 5th DCA 1998)…r motion for summary judgment. Review of the record reveals that the court properly concluded that summary judgment could not be entered because the record contained conflicting evidence on the issue of Ms. Johnson’s competence. See Lane v. Talloni, 626 So. 2d 316 (Fla. 5th DCA 1993). [*350] Ms. Davis also argues that the trial court erred in denying her motion to disqualify as being legally insufficient. See Fla. R. Jud. Admin. 2.160(f). This ruling was also correct because Ms. Davis’ motion failed to specif…
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Cherry C. Villanueva v. Reynolds, 159 So. 3d 200 (Fla. 5th DCA 2015)…r to the submission of the County plans. The trial court weighed this conflicting evidence and granted the summary judgment. However, case law is clear that a “trial court cannot weigh the evidence on a motion for summary judgment.” Lane v. Talloni, 626 So. 2d 316, 317 n. 1 (Fla. 5th DCA 1993) (citing Jones v. Stoutenburgh, 91 So. 2d 299, 302 (Fla.1956)); see also Hanson v. Liberty Mut. Fire Ins. Co., 792 So. 2d 710, 711 (Fla. 5th DCA 2001) (“In this case, although the greater weight of the evidence favors th…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- York v. State, 599 So. 2d 199 (Fla. 2d DCA 1992)
- Barron Thomas Thompson, Jr. v. State, 617 So. 2d 411 (Fla. 2d DCA 1993)
- Dep't OF Bus. Reg. & Div. of Risk Mgmt. v. DeARMITT, 536 So. 2d 305 (Fla. 1st DCA 1988)
- Avelino DeLEON v. State, 536 So. 2d 305 (Fla. 2d DCA 1988)