PHILLIP MURGIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In 1992, the defendant entered into a negotiated plea for the possession of cocaine, a third-degree felony, § 893.13(l)(f), Fla.Stat. (1991), carrying a statutory maximum of five years imprisonment, § 775.082(3)(d), Fla. Stat. (1991). He was adjudicated guilty and placed on probation. Thereafter, the defendant was found guilty of four successive violations of probation for which he ultimately received sentences in excess of the term of five years. Furthermore, the trial court failed to credit defendant for time already served. This was error. State v. Summers, 642 So. 2d 742 (Fla.1994); State v. Roundtree, 644 So. 2d 1358 (Fla.1994). Accordingly, the trial court’s order of April 18, 1995 is vacated with directions that the defendant be resentenced with the trial court giving sufficient credit for time served, not exceeding a maximum of five years.
Vacated and remanded.
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State v. Daile Lee Poole, 730 So. 2d 340 (Fla. 3d DCA 1999)…where officer asked defen- [*343] dant “you aren’t selling dope, are you, to which defendant responded no and that what he had was “these and they’re not real,” handing the officer a tube which was later determined to be cocaine); State v. Collins, 661 So. 2d 962, 964 (Fla. 5th DCA 1995) (holding where officer engaged defendant in casual conversation and asked him whether he had any guns, knives, or drugs on him and defendant consented to a search, evidence seized was the result of a consensual encounter); J…
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Morris v. State, 749 So. 2d 590 (Fla. 5th DCA 2000)…oncedes that his initial encounter with the deputies was constitutional. He recognizes that the law is well-settled that officers may freely approach a citizen and ask “a few questions” without triggering Fourth Amendment concerns. State v. Collins, 661 So. 2d 962 (Fla. 5th DCA 1995). He contends, however, that the initial encounter evolved into an unlawful investigatory stop. To support his argument, Morris asks this court to consider several indicators: the deputies and bouncers blocked his way so he could…
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State v. Ferrell, 705 So. 2d 1051 (Fla. 1st DCA 1998)…(officer asked defendant “you aren’t selling dope, are you”, to which defendant responded that he wasn’t and that what he had was “these and they’re not real”, handing the officer a tube, which was later determined to be cocaine); State v. Collins, 661 So. 2d 962 (Fla. 5th DCA 1995) (officer engaged in casual conversation with defendant and asked him if he had any guns, knives or drugs on him, and asked if he could search defendant, to which defendant consented); Jones v. State, 658 So. 2d 178 (Fla. 1st DCA…
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- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- State v. Roundtree, 644 So. 2d 1358 (Fla. 1994)