LUKE A. WEINSTEIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Written Order Of Revocation cases and more on FLexlaw
PER CURIAM.
Luke Weinstein was convicted on two counts of committing a lewd and lascivious act upon a child1 and sentenced to a term of probation. Mr. Weinstein was later adjudicated guilty of violating the terms of his probation and sentenced to 167.7 months’ incarceration followed by five years’ probation. On appeal, Mr. Weinstein contends that his judgments and sentences must be reversed because: (1) the state presented insufficient evidence to prove that he had violated the terms of his probation by committing additional criminal acts; (2) the sentence imposed was excessive; and (3) the trial court erred in failing to enter a written revocation order setting forth its findings as to his probation violations. Finding no error with the judgments of guilt or the sentencing orders, we affirm. However, we must remand this case to the trial court for entry of an order setting forth written findings consistent with the court’s oral pronouncement regarding Mr. Weinstein’s probation violations. See Bass v. State, 662 So. 2d 1024, 1025 (Fla. 5th DCA 1995).
Judgment and Sentences AFFIRMED; Cause REMANDED with directions.
DAUKSCH, HARRIS and ANTOON, JJ., concur. . § 80dv04, Fla. Stat. (1995).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maddox v. State, 760 So. 2d 89 (Fla. 2000)…Fla. 5th DCA), review granted, 718 So. 2d 167 (Fla. 1998) (Case No. 93,000) Habitual Offender Sentence Engeseth v. State, 725 So. 2d 428 (Fla. 1st DCA), review granted, 732 So. 2d 326 (Fla.1999) (Case No. 95,003) Costs Error Fitzgerald v. State, 708 So. 2d 690 (Fla. 5th DCA), review granted, 718 So. 2d 167 (Fla.1998) (Case No. 93,097) Department Sentence Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA), review granted, 727 So. 2d 905 (Fla.1998) (Case No. 94,142) Deviation from Oral Pronouncement Heir…
-
Fitzgerald v. State, 761 So. 2d 319 (Fla. 2000)…PER CURIAM. We have for review the decision in Fitzgerald v. State, 708 So. 2d 690 (Fla. 5th DCA 1998), in which the Fifth District cited as controlling authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, §…
Authorities Cited
- Pegues v. Malanie C. Pegues, 662 So. 2d 1024 (Fla. 5th DCA 1995)
- Bass v. State, 662 So. 2d 1024 (Fla. 5th DCA 1995)