EUGENE TERRANCE ASBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE TERRANCE ASBERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
656 So. 2d 531
Florida District Court of Appeal, First District (1995)
Caution
Cited by 6 cases
Opinion of the Court
MICKLE, Judge.
We affirm appellant’s conviction and sentence with the exception of the restitution order in the amount of $925.00 which, in accordance with the state’s concession of error, must be remanded to be corrected to conform to the oral pronouncement of $920.00. See Allred v. State, 642 So. 2d 650 (Fla. 1st DCA 1994) (discrepancy between written and oral pronouncement of restitution requires reversal).
WEBSTER and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Collins, 661 So. 2d 962 (Fla. 5th DCA 1995)…State, 658 So. 2d 173 (Fla. 5th DCA 1995) (holding that police conduct constituted illegal seizure once officer, without reasonable suspicion of criminal activity, ordered defendant to turn off his ear and hand over his license); Stephens v. State, 656 So. 2d 531 (Fla. 2d DCA 1995) (holding that consensual encounter escalated to stop once officers grabbed defendant’s hand); Sholbz v. State, 649 So. 2d 283 (Fla. 2d DCA 1995) (holding that consensual encounter transformed into stop when officer decided to cond…
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B.L. v. State, 127 So. 3d 552 (Fla. 4th DCA 2012)…(Fla. 4th DCA 2010). Physical touching or grabbing of an individual’s person or possessions will also raise the level of restrictiveness. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980); Stephens v. State, 656 So. 2d 531, 532 (Fla. 2d DCA 1995). In Copeland v. State, 717 So. 2d 83 (Fla. 1st DCA 1998), the First District found that a consensual encounter was ended and an investigatory stop began when an officer briefly grabbed Copeland’s jacket pocket, squeezing to f…
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State v. R.H., 900 So. 2d 689 (Fla. 4th DCA 2005)…onstrable point at which the consensual citizen encounter evolved into an investigatory stop, including Taylor v. State, 658 So. 2d 173 (Fla. 5th DCA 1995) (officer ordered defendant to turn off his ear and hand over his license); Stephens v. State, 656 So. 2d 531 (Fla. 2d DCA 1995) (officer grabbed defendant’s hand); Harrison v. State, 627 So. 2d 583 (Fla. 5th DCA 1993) (police ordered defendant to remove hands from his pockets); State v. Brown, 616 So. 2d 124 (Fla. 2d DCA 1993) (officer ordered defendant to…
Authorities Cited
- Allred v. State, 642 So. 2d 650 (Fla. 1st DCA 1994)