STATE OF FLORIDA, APPELLANT,
v.
KENT M. SPRAGUE, APPELLEE
STATE OF FLORIDA, APPELLANT,
KENT M. SPRAGUE, APPELLEE
687 So. 2d 921
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, Acting Chief Judge.
The relevant facts are implicit in the result we reach in this matter, i.e., once a valid arrest has been effected, evidence of other criminal conduct revealed by a search undertaken immediately following the arrest is not suppressible. Savoie v. State, 422 So. 2d 308, 312-14 (Fla.1982); Gay v. State, 607 So. 2d 454, 460-62 (Fla. 1st DCA 1992), rev. denied, 620 So. 2d 760 (Fla.1993); State v. Boulia, 522 So. 2d 528 (Fla. 2d DCA 1988). Accordingly, we reverse the trial court’s suppression of the evidence gathered by the police from Sprague’s personal property following his arrest.
ALTENBERND, J., and HALL, VINCENT T., (Senior) Judge, concur.
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D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…and disrupting a school function) in pronouncing sentence, and did not specify the term of community control which was to follow the commitment or the maximum term of commitment, the sentence must be remanded for clarification. See A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997); S.D. v. State, 687 So. 2d 948 (Fla. 2d DCA 1997). Moreover, the commitment order should be amended to show that appellant was adjudicated delinquent pursuant to a nolo plea. Finally, the written disposition order must be correct…
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N.D. v. State, 706 So. 2d 931 (Fla. 2d DCA 1998)…ver, appellate .counsel correctly points out that the trial court erred in placing N.D. on community control for an indeterminate period without limiting the sentence to the five-year statutory maximum for a third-degree felony. See A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997); §§ 231.06, 775.082, Fla. Stat. (1995). Upon independent review of the record, we agree that the trial court committed no reversible error, other than the failure to limit the term of community control. Therefore, we affirm the…
Authorities Cited
- THE Florida BAR v. Schell, 422 So. 2d 308 (Fla. 1982)
- GAY v. State, 607 So. 2d 454 (Fla. 1st DCA 1992)
- State v. Boulia, 522 So. 2d 528 (Fla. 2d DCA 1988)