ROGER LEON MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROGER LEON MARSHALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
644 So. 2d 171
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
POLEN, Judge.
We affirm the trial court’s order revoking Roger Leon Marshall’s probation. We note, however, that the Order of Revocation incorporates the amended Affidavit of Violation of Probation as a basis for the revocation. We strike this incorporation to the extent that it is based on the two aggravated battery charges referred to in the affidavit, which were withdrawn by the state. See Secure v. State, 432 So. 2d 630 (Fla. 3rd DCA 1983) (part of order revoking probation based upon finding that defendant was guilty of certain violations of probation which were neither relied upon or proved by the state was improper).
WARNER and PARIENTE, JJ:, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Junior v. State, 763 So. 2d 1056 (Fla. 4th DCA 1999)…s v. State, 634 So. 2d 153 (Fla.1994). See § 775.021(4)(b), Fla. Stat. (1997). Additionally, grand theft is a lesser included offense of robbery. Fla. Std. Jury Instr. (Crim.) 295; Guinto v. State, 693 So. 2d 46 (Fla. 4th DCA 1997); Santos v. State, 644 So. 2d 171 (Fla. 4th DCA 1994) (conviction of robbery and grand theft erroneous under Sirmons). Accordingly, we affirm the robbery conviction and vacate the grand theft conviction. Hardy v. State, 705 So. 2d 979 (Fla. 4th DCA 1998). However, because vacating…
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Miller v. State, 867 So. 2d 1274 (Fla. 4th DCA 2004)…grand theft for taking of same property constitute double jeopardy); Junior v. State, 763 So. 2d 1056 (Fla. 4th DCA 1999) (same). In addition, grand theft is a lesser included offense of robbery. Fla. Std. Jury Instr. (Crim.) 295; Santos v. State, 644 So. 2d 171 (Fla. 4th DCA 1994) (conviction of robbery and grand theft error under Sirmons). Accordingly, we affirm the robbery conviction and vacate the grand theft conviction. Because eliminating the grand theft conviction will not affect appellant’s sentence…
Authorities Cited
- Secure v. State, 432 So. 2d 630 (Fla. 3d DCA 1983)