WADE QUENTIN HURST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WADE QUENTIN HURST, APPELLANT,
STATE OF FLORIDA, APPELLEE
691 So. 2d 648
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 7 cases
Opinion of the Court
DANAHY, Acting Chief Judge.
Mr. Hurst challenges the trial court’s denial of his motion to suppress, having reserved the right to appeal that denial when he pleaded no contest to the charge of possession of cocaine. He also challenges Condition (18) of his probation because it was not orally imposed.
We affirm on the suppression issue but strike Condition (18) of Mr. Hurst’s probation. The State offers no objection to the striking of the probation condition, without remand.
We strike probation Condition (18) and otherwise affirm.
WHATLEY and NORTHCUTT, JJ., concur.
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Bover v. State, 797 So. 2d 1246 (Fla. 2001)…Bover v. State, 732 So. 2d 1187, 1192 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the decisions of the Second District Court of Appeal in Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997), Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997), and Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991) (en banc), and the decision of the Fourth District Court of Appeal in Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. C…
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Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA 1999)…d at any time from a review of the defendant’s criminal records. Id. at 78 (emphasis added); see also Freshman v. State, 24 Fla. L. Weekly D707, 730 So. 2d 351 (Fla. 4th DCA 1999); Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997); Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997). The logic of Judge is that the habitual offender statute increases the legal maximum-term. In the present case, habituali-zation of defendant means that for his third-degree felonies the regular five-year maximum becomes ten. Se…1 / 2
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Moore v. State, 748 So. 2d 1094 (Fla. 3d DCA 2000)…ee Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA 1999), review granted, No. 95,649, 743 So. 2d 508 (Fla. Oct. 26, 1999). Contra Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999); Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997); Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997); Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991). Assuming for purposes of discussion, however, that Rule 3.800(a) could be used for that purpose, and further assuming that this claim is not otherwise procedurally barred, it is…
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