FREDERICK TOCCI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the motion to correct the sentence in Case No. CF87-3253A1-XX, as all records indicate probation in that case ended in 1991.
Frederick Tocci appealed an order denying his motion to correct a sentence. Tocci had been placed on probation in Case No. CF87-3253A1-XX in 1987, whi…
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PARKER, Acting Chief Judge.
Frederick Tocci appeals an order denying motion to correct sentence. We reverse as to Case No. CF87-3253A1-XX. Otherwise, we affirm as to the remaining issues raised by Tocci.
On December 31, 1987, Tocci was placed on three years’ probation in Case No. CF87-3253A1-XX. In November 1990 an affidavit for violation of probation was filed which resulted in an order extending Tocci’s probation to July 16,1991.
In 1994, in Case No. CF93-2199A1-XX, Tocci was sentenced for two felonies committed in 1993 to community control followed by probation. On May 12, 1995, following a violation of community control, Tocci was sentenced to four years in prison. On that same date, Tocci was also sentenced to four years in prison in Case No. CF87-3253A1-XX.
The record before this court and a response from the state do not provide any basis for Tocci to receive any sentence in Case No. CF87-3253A1-XX. All court records establish that probation in that case ended on July 16,1991. We reverse the trial court’s order denying Tocci’s motion to correct his sentence in Case No. CF87-3253A1-XX and direct the trial court to vacate that sentence. Otherwise, the trial court’s order is affirmed.
Reversed in part; affirmed in part.
PATTERSON and ALTENBERND, JJ., concur.
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J.L. v. State, 727 So. 2d 204 (Fla. 1998)…innocent and nonin-criminating details of the tip. See id. In addition to the First District in Butts, the Fourth District has held that verification of an anonymous tip, by itself, is insufficient to justify a stop and frisk. See Pinkney v. State, 666 So. 2d 590 (Fla. 4th DCA 1996). In this case, J.L. asserts that the police officers did not have the requisite reasonable suspicion to justify a stop and frisk and that consequently the seizure of the firearm was unconstitutional. J.L. notes that the anonymou…
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State v. Maynard, 783 So. 2d 226 (Fla. 2001)…[2412] at 2415 [1990]. Because an anonymous caller’s basis of knowledge and veracity are typically unknown, these tips justify a stop only once they are “sufficiently corroborated” by police. Id. at 330, 110 S.Ct. at 2416. Accord Pinkney v. State, 666 So. 2d 590 (Fla. 4th DCA 1996) (anonymous tip requires “detailed and specific information corroborated by police investigation” since the informant’s veracity, reliability, and basis of knowledge are unknown). In this case, it is difficult to see how Ms. Stee…
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