CHARLES WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed conviction for delivery of cocaine and community control violation but remanded for resentencing to correct scoring of prior barbiturate convictions as third-degree rather than second-degree felonies and to enter missing probation revocation order.
Prior convictions for possession of barbiturates with intent to sell must be scored as third-degree felonies, and the trial court must enter a written probation revocation order and conform the written judgment to its oral pronouncement.
[1] Possession of barbiturates with intent to sell is a third-degree felony under Florida Statutes sections 893.13(l)(a)(2) and 893.03(2)(c)(3), not a second-degree felony.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceCharles Wood was convicted of delivery of cocaine and violation of community control. The trial court scored two prior convictions for possession of b…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Prior Convictions Scoring cases and more on FLexlaw
GUNTHER, Judge.
Appellant, Charles Wood, defendant below (Defendant), appeals a final judgment of guilt for delivery of cocaine and violation of corn- munity control. We affirm in all respects except those errors conceded by the State.
The State concedes that Defendant’s two prior convictions for possession of barbiturates with intent to sell were improperly scored as second-degree felonies. Pursuant to sections 893.13(l)(a)(2), 893.03(2)(c)(3), Florida Statutes (1993), possession of barbiturates with intent to sell is a third-degree felony. In addition, the State concedes that the trial court failed to enter a written order revoking Defendant’s separate order of probation. This undisputed technical error requires remand so that a written order can be entered revoking probation. See Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993). Finally, the State concedes that the trial court’s written order should be corrected on remand to conform to the trial court’s oral pronouncement. See Yoke v. State, 453 So. 2d 206 (Fla. 4th DCA 1984).
Accordingly, we remand for resentencing to allow the trial court to correctly score the two prior offenses as third-degree felonies, enter a written order revoking Defendant’s probation, and conform such written order to the trial court’s oral pronouncement.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Watts v. State, 688 So. 2d 1018 (Fla. 4th DCA 1997)…the revocation. See Taylor v. State, 681 So. 2d 910 (Fla. 4th DCA 1996); Mitchell v. State, 681 So. 2d 891 (Fla. 4th DCA 1996); Horne v. State, 675 So. 2d 247 (Fla. 4th DCA 1996); Glendon v. State, 669 So. 2d 1148 (Fla. 4th DCA 1996); Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995). We reference some of the many eases where we have addressed this same point within the last year to point out that the failure of trial courts to enter a separate [*1019] ■written order revoking probation appears to be a recur…
-
Eckhart v. State, 670 So. 2d 977 (Fla. 1st DCA 1996)…ably constitute reversible error, we affirm the conviction and sentence for violation of probation. We remand, however, to the trial court for entry of a written order of violation of probation, because none appears in the record. See Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995); Wiggers v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995); Benton v. State, 652 So. 2d 1288 (Fla. 1st DCA 1995). BOOTH, JOANOS and BENTON, JJ., concur.…
-
Jacobs v. State, 668 So. 2d 294 (Fla. 1st DCA 1996)…ecord. See Thomas v. State, 685 So. 2d 475 (Fla. 3d DCA 1991). Accord McHellen v. State, 591 So. 2d 668 (Fla. 1st DCA 1991). We distinguish the present case from Eckhart v. State, No. 95-1381, 1996 WL 5141 (Fla. 1st DCA Jan. 8, 1996); Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995); and Wiggers v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995), where we affirmed but remanded because no written order of revocation of probation had been entered. Here a written order in which the trial court memorialized his reaso…
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
- Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993)
- Owens v. State, 453 So. 2d 206 (Fla. 4th DCA 1984)