CALVIN ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN ANDERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
632 So. 2d 136
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction on the authority of Smith v. State, 632 So. 2d 136, Case No. 93-0189, opinion issued February 9, 1994. The state concedes a sentencing error because the written sentence does not conform to the trial court’s oral pronouncement, and we therefore reverse and remand for resentencing in conformance with the oral pronouncement of sentence.
DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 110 So. 3d 528 (Fla. 1st DCA 2013)…onvicted of two counts of burglary of a structure for entering a trailer and for entering the curtilage of surrounding trailers). However, under some circumstances multiple convictions of burglary of a structure may be permitted. See Smith v. State, 632 So. 2d 136, 137 (Fla. 4th DCA 1994) (affirming the defendant’s convictions for eighteen counts of burglary of a structure for entering a mall and entering seventeen separate business entities under the mail’s single roof). Because the trial court did not fully…
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K.H. v. State, 206 So. 3d 66 (Fla. 1st DCA 2016)…§ 810.011(1), Fla. Stat. (2014). A plain reading of the statute requires only that a temporary building, such as the kiosk at issue, have “a roof over it,” which in this case is the roof over the entire enclosed mall’s footprint. See Smith v. State, 632 So. 2d 136, 137 (Fla. 4th DCA 1994) (upholding eighteen convictions for burglary of a structure where defendant broke into seventeen separate businesses that “shared a common roof and the common area of the mall”). As a contrast, if the statute more narrowly d…
Authorities Cited
- Toborrius Smith v. State, 632 So. 2d 136 (Fla. 4th DCA 1994)