MICHAEL WONDERLICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL WONDERLICK, APPELLANT,
STATE OF FLORIDA, APPELLEE
651 So. 2d 822
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions, and the lifetime revocation of his driver’s license. See Novaton v. State, 634 So. 2d 607 (Fla. 1994); State v. Wright, 546 So. 2d 798 (Fla. 1st DCA 1989); Onesky v. State, 544 So. 2d 1048 (Fla. 2d DCA 1989). However, because the parties operated under a misapprehension of the law as to the revocation of appellant’s driver’s license, the affirmance is without prejudice to appellant’s filing a motion to withdraw his plea or a rule 3.850 motion. See Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991).
GLICKSTEIN, STEVENSON and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Speights v. State, 711 So. 2d 167 (Fla. 1st DCA 1998)…permit the state to introduce evidence of additional predicate offenses beyond those relied upon originally if a habitual offender sentence is overturned because it was based [*169] on non-sequential prior convictions); see also Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995).1 Thus, the alleged error herein does not satisfy the definition of an illegal sentence set forth in Callaway and Davis. We conclude that reliance on an improper predicate offense does not render the sentence “illegal” for purpos…
-
Lloyd v. State, 844 So. 2d 713 (Fla. 2d DCA 2003)…e simply entitled to a new sentencing hearing where the necessary evidence is presented and the correct law is applied. See Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002); Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997); Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). See, e.g., Pelham v. State, 815 So. 2d 733 (Fla. 2d DCA 2002); Singleton v. State, 760 So. 2d 250 (Fla. 2d DCA 2000); Yankovski v. State, 785 So. 2d 1283 (Fla. 5th DCA 2001); see also Mann v. State, 453 So. 2d 784 (Fla.1984). T…
-
Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995)…g be awarded against the sentence eventually imposed. The sentences on the two cases run concurrently. In that situation, the defendant must be given credit on both sentences. Daniels v. State, 491 So. 2d 543 (Fla.1986). See also Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). Any other result would have the effect of depriving appellant of the credit that he is due under the statute. GLICKSTEIN, WARNER and STEVENSON, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991)
- State v. Elishua Joshua Wright, 546 So. 2d 798 (Fla. 1st DCA 1989)
- Onesky v. State, 544 So. 2d 1048 (Fla. 2d DCA 1989)