JESSIE BROWN, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-07-01
No. 93-2397
W. SHARP, J., concurs., GOSHORN, J., dissents, with opinion.
638 So. 2d 120 Florida District Court of Appeal, Fifth District (1994) Negative Treatment
Cited by 6 cases
Topics
Community Control Conditions Habitual Offender Sentencing

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Opinion of the Court
GRIFFIN, Judge.

GRIFFIN, Judge.

This is an Anders1 case in which appellant’s counsel has raised the issue of the habitual offender sentence while recognizing this court’s opinion in Oglesby v. State, 627 So. 2d 585 (Fla. 5th DCA 1993), from which we have now receded in Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). Thompson controls this case and we remand for further proceedings consistent with Thompson.

We also agree there is a discrepancy between the court’s oral pronouncement concerning community control condition 31 that appellant may meet his monetary conditions of community control by conversion to community service hours if appellant chooses. The written order deviates from the oral pronouncement and should be made to conform.

JUDGMENT AFFIRMED; SENTENCE VACATED; AND REMANDED.

W. SHARP, J., concurs.

GOSHORN, J., dissents, with opinion.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Dissent
GOSHORN, Judge,

GOSHORN, Judge,

dissenting.

I respectfully dissent for the reasons set forth in my opinion in Oglesby v. State, 627 So. 2d 585 (Fla. 5th DCA 1993) review denied, No. 82,987, 637 So. 2d 236 (Fla. Mar. 11,1994) and my dissent in Thompson v. State, 638 Sol2d 116 (Fla. 5th DCA 1994).

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  • State v. Blackwell, 661 So. 2d 282 (Fla. 1995)
    …SHAW, Justice. We have for review the following decisions based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993): Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Holmes v. State, 639 So. 2d 151 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); and Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Bl…
  • Gibson v. State, 660 So. 2d 298 (Fla. 5th DCA 1995)
    …Inc. STRICKEN. DAUKSCH and THOMPSON, JJ., concur. . Section 812.13, Fla.Stat. (1993). . Section 784.045, Fla.Stat. (1993). . Holmes v. State, 639 So. 2d 151 (Fla. 5th DCA 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994).…
  • Collins v. State, 665 So. 2d 318 (Fla. 4th DCA 1995)
    …ntences as to a guidelines sentence, a departure sentence, or a violent or non-violent habitual felony offender sentence. State v. Blackwell, 661 So. 2d 282 (Fla.1995) (quashing Blackwell v. State, 638 So. 2d 119 (Fla. 5th DCA 1994); Brown v. State, 638 So. 2d 120 (Fla. 5th DCA 1994); Holmes v. State, 639 So. 2d 151 (Fla. 5th 1994); Jones v. State, 639 So. 2d 147 (Fla. 5th DCA 1994); and Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994)). In quashing the appellate court’s opinions, the Florida Supreme Cou…

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