LESTER E. LYTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Chief Judge.
Lester Eugene Lytle was convicted of three counts of lewd and lascivious act in the presence of a child under the age of sixteen years. He was sentenced as a youthful offender to four years’ incarceration followed by two years’ community control. He appeals an order revoking his community control. His attorney filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting two possible issues. Our independent review of the record reveals no error other than that raised by his attorney and conceded by the state. We therefore affirm the revocation of community control and the sentence imposed, but remand for entry of an order of revocation of community control which specifies the conditions that were violated. See Dietz v. State, 534 So. 2d 808 (Fla. 2d DCA 1988); Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985). We also remand for a determination of the amount of credit Mr. Lytle is to receive for time served. The trial court may properly assign the task of determining this amount to the Department of Corrections. Upshaw v. State, 652 So. 2d 1220 (Fla. 2d DCA 1995).
Affirmed; remanded.
DANAHY and BLUE, JJ., concur.
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State v. Cohens, 701 So. 2d 362 (Fla. 2d DCA 1997)…t the first-degree murder trial of the respondent, Charles H. Cohens. The State properly challenges the nonfinal pretrial evi-dentiary ruling through a petition for writ of certiorari. See State v. Pettis, 520 So. 2d 250 (Fla.1988); State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997). Entitlement to the issuance of the writ turns on whether the ruling violated a clearly established legal principle, resulting in material injustice. Id. The ruling here constitutes such a violation. We, therefore, grant the petit…
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Upton v. State, 732 So. 2d 507 (Fla. 2d DCA 1999)…the revocation of Linda Upton’s community control or the sentence imposed, we affirm them. But we must remand for the entry of a written order of revocation of community control which specifies the conditions that were violated. See Lytle v. State, 696 So. 2d 848, 849 (Fla. 2d DCA 1997). Affirmed; remanded for written order of revocation. PARKER, C.J., and SCHEB, JOHN M., (Senior) Judge, Concur.…
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State v. Gates, 826 So. 2d 1064 (Fla. 2d DCA 2002)…r). In order for the writ to issue, the State must prove that the trial court’s ruling violated a clearly established legal principle which would result in material injustice. State v. Cohens, 701 So. 2d 362, 363 (Fla. 2d DCA 1997); State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997). Applying that standard to the trial court’s order, we hold that, to the extent the order forbids the State from introducing admissible evidence against Gates, the order violates a clearly established legal principle. The crux of…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dietz v. State, 534 So. 2d 808 (Fla. 2d DCA 1988)
- Alton H. Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985)
- Elvis Upshaw v. State, 652 So. 2d 1220 (Fla. 2d DCA 1995)