LISA WHITAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LISA WHITAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
639 So. 2d 1135
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PETERSON, Judge.
Our review of the record in this Anders appeal reveals a sentencing error. The trial court originally imposed a period of probation on January 31, 1991 for a third-degree felony offense with a statutory five year maximum penalty. The original probation was revoked and a new period imposed that would expire on October 14, 1996, over eight months beyond the five year statutory maximum.
We are bound by previous decisions of this court to vacate that portion of the new period of probation that extends beyond January 31, 1996. See, e.g., Conrey v. State, 624 So. 2d 793 (Fla. 5th DCA 1993); Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992).
SENTENCE PARTIALLY VACATED.
THOMPSON, J., concurs.
W. SHARP, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)…ity for costs imposed in the written sentence or order of probation. See Brooks v. State, 649 So. 2d 329 (Fla. 5th DCA 1995); Samuels v. State, 649 So. 2d 272 (Fla. 5th DCA 1994), cause dismissed, 657 So. 2d 1163 (Fla.1995); [*1141] Valdez v. State, 639 So. 2d 1135 (Fla. 5th DCA 1994). In a case where the statutory basis is not clear or easily ascertainable, the appellate court is left to guess at the authority under which a cost is assessed. With regard to the FDLE cost assessment in this case, section 939.0…
-
Jayson C. Tyler v. State, 650 So. 2d 1140 (Fla. 5th DCA 1995)…PER CURIAM. This is an Anders appeal in which a minor cost issue was identified and we have invited the state’s response. Both parties agree this matter should be treated as in Valdez v. State, 639 So. 2d 1135 (Fla. 5th DCA 1994). Accordingly, we affirm the judgment and sentences, vacate the imposition of “local court costs” and remand. JUDGMENT AFFIRMED. PETERSON, GRIFFIN and THOMPSON, JJ., concur.…
Authorities Cited
- Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)
- Conrey v. State, 624 So. 2d 793 (Fla. 5th DCA 1993)