CLARENCE EUGENE HUFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed the finding that appellant violated community control by failing to reside at approved location, but reversed the probation violation finding and remanded for reconsideration of sentencing credit for time served.
Although an original suspended sentence may have been improper, it is not reversible when the appellant has already received its benefits, but remand is required to determine credit for time served on community control.
[1] Credit for time served on community control must be determined and stated on the record by the trial court on remand under Warrington v. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was found in violation of his probation and community control, specifically for failing to be at his approved residence under Condition 11 o…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Suspended Sentence cases and more on FLexlaw
PER CURIAM.
This Anders appeal arises from an order of the lower court finding Appellant in violation of his probation and community control.1 We affirm the finding that Appellant violated Condition 11 of his community control by failing to be at his approved residence. We reverse, however, the finding that Appellant violated probation in lower court case 9U4723. The record before us does not indicate whether the State charged or proved a violation of the conditions of Appellant’s probation, as opposed to community control. Therefore, on remand, the trial court shall reconsider the finding of violation of probation.
As to Appellant’s sentence for aggravated battery, we hold that although his original suspended sentence may have been improper under Poore v. State, 531 So. 2d 161 (Fla.1988), it is not reversible on this appeal because Appellant has already received the benefits of the improper sentence. Gaskins v. State, 607 So. 2d 475 (Fla. 1st DCA 1992). Nevertheless, we must reverse and remand because we are unable to determine from the record whether Appellant was credited with time served on community control under the rule stated in Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995). On remand, the trial court shall determine and state on the record the amount of credit for time served on community control.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)…tate also argues that Gonzales is estopped to raise these arguments because he took advantage of his invalid sentence by waiting to challenge it until he violated probation. Stroble v. State, 689 So. 2d 1089, 1090 (Fla. 5th DCA 1997); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996)(original sentence improper but not reversible because defendant already received the benefits of the improper sentence). Thus he should be deemed to have waived this claim since he enjoyed the benefits of his bargain. See Du…
-
State v. Ortiz, 79 So. 3d 177 (Fla. 3d DCA 2012)…ty of the sentence); Dupree v. State, 708 So. 2d 968, 971-72 (Fla. 1st DCA 1998) [*179] (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996) (“[Although his original suspended sentence may have been improper ..., it is not reversible on this appeal because Appellant has already received the benefits of the improper sentence.”); Gaskins v. State. 607 So. 2d 475, 4…
-
White v. State, 828 So. 2d 491 (Fla. 1st DCA 2002)…as through placement on probation, conditional release, or a suspended sentence, that defendant will be estopped from challenging his sentence when such release is revoked. See Dupree v. State, 708 So. 2d 968, 968 (Fla. 1st DCA 1998); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996); Gaskins v. State, 607 So. 2d 475, 476 (Fla. 1st DCA 1992) disapproved on other grounds by State v. Powell 703 So. 2d 444, 446 n. 3 (Fla.1997); Bashlor v. State, 586 So. 2d 488, 489 (Fla. 1st DCA 1991). However, when a defen…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Gaskins v. State, 607 So. 2d 475 (Fla. 1st DCA 1992)
- Warrington v. State, 660 So. 2d 385 (Fla. 5th DCA 1995)