TERRY WAYNE EANES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant has filed a motion for certification, arguing that at least two other district courts of appeal have certified questions to the supreme court which suggest that probation and community control should be treated the same for purposes of determining whether a sentence exceeds the maximum allowed by law. See Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA 1994), rev. granted, 649 So. 2d 235; Jost v. State, 631 So. 2d 1131 (Fla. 5th DCA 1994); Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994). Because we have considered the question and decided that community control and probation should not be treated alike, for much the same reason that probation and time in prison should not be treated alike, we certify conflict with the foregoing cases.
ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gardner v. State, 656 So. 2d 933 (Fla. 1st DCA 1995)…WOLF, Judge, specially concurring. I write to express the same frustration expressed by this court in Eanes v. State, 648 So. 2d 174 (Fla. 1st DCA 1994). The decision in State v. Summers, 642 So. 2d 742 (Fla. [*940] 1994), creates an anomalous situation that “[a] trial court hearing a violation of probation for a defendant who is at or near the end of the permissible statutory te…
-
Eanes v. State, 662 So. 2d 334 (Fla. 1995)…tified as being in conflict with Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA), approved, 644 So. 2d 1358 (Fla.1994); Jost v. State, 631 So. 2d 1131 (Fla. 5th DCA 1994); and Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994). Eanes v. State, 648 So. 2d 174 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently approved the Fourth District Court of Appeal’s decision in Roundtree. State v. Roundtree, 644 So. 2d 1358 (Fla.1994). Accordingly, we quash the decision under rev…
-
Conrad v. State, 977 So. 2d 766 (Fla. 5th DCA 2008)…a defendant actually committed a separate crime. ■ See, e.g., Hill v. State, 839 So. 2d 865 (Fla. 4th DCA 2003) (conviction for burglary with intent to commit theft is not legally inconsistent with acquittal on petit theft charge); Miranda v. State, 648 So. 2d 174 (Fla. 3d DCA 1994) (to prove offense of burglary, it was necessary only to show that at time of entry into building, defendant had fully informed intent to commit offense of criminal mischief, and not that defendant had committed offense of criminal…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA 1994)
- Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994)
- Jost v. State, 631 So. 2d 1131 (Fla. 5th DCA 1994)