SAMMY WELCOME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SAMMY WELCOME, APPELLANT,
STATE OF FLORIDA, APPELLEE
653 So. 2d 498
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*499] DAUKSCH, Judge.
This is an appeal from a sentence. Appellant was properly sentenced as an habitual offender for sale of cocaine. He was improperly sentenced as an habitual offender for possession of cocaine. § 775.084(l)(a)3., Fla. Stat. (1993); Jackson v. State, 651 So. 2d 242 (Fla. 5th DCA 1995); Perez v. State, 647 So. 2d 1007, 1008 (Fla.3d DCA 1994).
The sentence as to the possession conviction is vacated and this cause remanded for resentencing as to that count.
SENTENCE VACATED; REMANDED.
COBB and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996)…authorizing public defender’s lien against juvenile’s mother were reversed and case remanded to allow opportunity to contest amount of lien), rev. den., 624 So. 2d 268 (Fla.1993); Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995); R.D.R. v. State, 653 So. 2d 498 (Fla. 5th DCA 1995). AFFIRMED in part, REVERSED in part, and remanded. WEBSTER and LAWRENCE, JJ., concur.…
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T.D.R. v. State, 659 So. 2d 489 (Fla. 5th DCA 1995)…ion of community control. The juvenile did not receive notice of this condition prior to or at sentencing, and therefore was not given an opportunity to object to the amount of the fee. See Bull v. State, 548 So. 2d 1103 (Fla.1989); R.D.R. v. State, 653 So. 2d 498 (Fla. 5th DCA 1995); Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994); Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993). We strike this condition of community control, and affirm the order of disposition as modified. AFFIRMED AS MODIFIED. PET…
Authorities Cited
- Perez v. State, 647 So. 2d 1007 (Fla. 3d DCA 1994)
- Marchell D. Jackson v. State, 651 So. 2d 242 (Fla. 5th DCA 1995)