PATRICK L. HODGES, APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, APPELLEE

Citator

Cited By

• Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)
  …DCA 1996)(original sentence improper but not reversible because defendant already received the benefits of the improper sentence). Thus he should be deemed to have waived this claim since he enjoyed the benefits of his bargain. See Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998). We conclude Stroble and Huff are not applicable here because Gonzales received no “benefit.” He served the full 15 year prison term allotted for a second degree felony. Thus the two probationary terms following his discharge fr…
• State v. Ortiz, 79 So. 3d 177 (Fla. 3d DCA 2012)
  …the defendant’s motion to correct an illegal sentence pursuant to rule 3.800(a), finding that because the defendant accepted the benefits of the suspended sentence, he was estopped from challenging the impropriety of the sentence); Dupree v. State, 708 So. 2d 968, 971-72 (Fla. 1st DCA 1998) [*179] (holding that where one takes advantage of an invalid sentence and accepts its benefits, he is estopped to assert the invalidity of the sentence); Huff v. State, 672 So. 2d 634, 635 (Fla. 1st DCA 1996) (“[Although…
• Vause v. State, 803 So. 2d 799 (Fla. 1st DCA 2001)
  …al sentence was in excess of the term provided for under the 1994 guidelines, “[one] who takes advantage of an invalid sentence until he violates community control is es-topped to assert the invalidity of his original sentence.” See Dupree v. State, 708 So. 2d 968, 971 (Fla. 1st DCA 1998), quoting Stroble v. State, 689 So. 2d 1089, 1090 (Fla. 5th DCA), review denied, 697 So. 2d 512 (Fla.1997). Thus, having accepted the benefits of the suspended sentence, the appellant is now estopped to challenge the impositi…

Authorities Cited

• Brown v. State, 705 So. 2d 1041 (Fla. 2d DCA 1998)