WARREN LEE EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WARREN LEE EDWARDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
668 So. 2d 1090
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
As conceded by the State, the amount of jail credit time on Appellant’s commitment to custody order should conform with the trial court’s oral pronouncement and written judgment. Therefore, we REVERSE and REMAND. See Johnson v. State, 627 So. 2d 114 (Fla. 1st DCA 1993). Appellant need not be present for this correction.
BOOTH, BENTON and VAN NORTWICK, JJ., concur.
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Young v. State, 141 So. 3d 161 (Fla. 2013)…2d at 1084 (“If a structure ... initially qualifies [as a dwelling], and its character is not substantially changed or modified to the extent that it becomes unsuitable for lodging by people, it remains a dwelling ....)”; see also Ratliff v. State, 668 So. 2d 1090, 1090 (Fla. 1st DCA 1996) (holding that a newly built but unoccupied home constituted a dwelling under Florida’s burglary statute). The word “substantially” used by this Court in the Perkins decision, seems to have created a sliding scale of the cha…1 / 2
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Bontrager v. State, 678 So. 2d 518 (Fla. 1st DCA 1996)…conditions of probation that have been violated.” Jones v. State, 638 So. 2d 126, 127 (Fla. 1st DCA 1994); Vezina v. State, 667 So. 2d 294 (Fla. 1st DCA 1995). The appellant need not be present for this merely clerical correction. Edwards v. State, 668 So. 2d 1090 (Fla. 1st DCA 1996). AFFIRMING the judgment and sentence and REMANDING with directions to amend the written order to recite the terms and conditions of probation that were violated. MINER and WEBSTER, JJ., concur.…
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Anderson v. State, 831 So. 2d 702 (Fla. 4th DCA 2002)…eets the definition of a structure, but is not ready to be occupied as a dwelling, the safer course, in our opinion, would be to charge burglary of a structure. A new home, ready to be occupied, but not yet occupied, is a dwelling. Ratliff v. State, 668 So. 2d 1090 (Fla. 1st DCA 1996).…
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- Johnson v. State, 627 So. 2d 114 (Fla. 1st DCA 1993)