BRUTUS NED, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-07-25
Nos. 96-00405, 96-00439 and 96-00440
SCHOONOVER, A.C.J., and FULMER, J., concur.
696 So. 2d 1365 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 2 cases
Topics
Revocation Of Community Control Sentencing Guidelines Scoresheet

Explore caselaw by topic → Browse Revocation Of Community Control cases and more on FLexlaw

Opinion of the Court
BLUE, Judge.

BLUE, Judge.

Brutus Ned, III, appeals the revocation of his community control in three circuit court cases. The State presented sufficient evidence to support the revocations of community control and, therefore, we affirm. Howev er, we remand the ease to the trial court to enter a written order specifying the community control conditions that Ned violated. See Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985).

Although we affirm the revocations, we reverse the sentences imposed and remand for resentencing. When Ned disputed the prior convictions on his sentencing guidelines scoresheet, the court failed to require the State to produce corroborating evidence. The State concedes this was error. See Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991). On remand, the State shall be given an opportunity to corroborate the challenged convictions.

Revocations of community control affirmed, remanded for entry of written order, sentences reversed and remanded for resentencing.

SCHOONOVER, A.C.J., and FULMER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Maynard Witherspoon v. State, 710 So. 2d 143 (Fla. 5th DCA 1998)
    …h DCA 1993). The second challenge as well as this one are barred because they are successive and improper, and they seek to raise points already finally decided by this court. Williams v. State, 706 So. 2d 137 (Fla. 5th DCA 1998); Eneias v. State, 696 So. 2d 1365 (Fla. 5th DCA 1997); Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996); Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996). This court’s ruling on direct appeal cannot be changed or challenged by collateral attack, through whatever form Withe…
  • Cooper v. State, 703 So. 2d 1248 (Fla. 5th DCA 1998)
    …PER CURIAM. See Stroble v. State, 689 So. 2d 1089 (Fla. 5th DCA 1997), rev. denied, 697 So. 2d 512 (Fla.1997); Eneias v. State, 696 So. 2d 1365 (Fla. 5th DCA 1997); Fla. R.Crim. P. 3.850(f). AFFIRMED. COBB, W. SHARP and ANTOON, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw