TYRONE HOLLOMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-12-18
Nos. 96-04007, 97-02222
CAMPBELL, A.C.J., and FULMER and QUINCE, JJ., Concur.
725 So. 2d 1179 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In these consolidated cases, Holloman challenges the trial court’s denial of his motion to suppress evidence and the sentence imposed. We affirm the trial court’s ruling on the motion to suppress. Given the specificity of the informant’s tip and the independently corroborated details of the tip, the totality of the circumstances justified the arrest of Holloman after he left the hotel. See State v. Maya, 529 So. 2d 1282, 1285 (Fla. 3d DCA 1988) (police observation combined with informant’s tip justified probable cause conclusion).

With respect to the sentence imposed, we remand for correction because the written judgment erroneously indicates that the sentence imposed on count II is a habitual offender sentence. However, as the record discloses and the State acknowledges, the trial court imposed a guidelines sentence of 151 months on count II. Holloman need not be present when the correction is made.

Affirmed in part and remanded with directions.

CAMPBELL, A.C.J., and FULMER and QUINCE, JJ., Concur.


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  • Moore v. State, 768 So. 2d 1140 (Fla. 1st DCA 2000)
    …e held the lack of a presentence investigation report was not cognizable on direct appeal where "appellant did not object below or raise the issue[] by filing a motion pursuant to rule 3.800(b), Florida Rules of Criminal Procedure.” Gayton v. State, 725 So. 2d 1179, 1180 (Fla. 1st DCA 1998).…
  • Johnson v. State, 726 So. 2d 359 (Fla. 1st DCA 1999)
    …s.” Charles v. State, 565 So. 2d 871, 872 (Fla. 4th DCA 1990). A sentence whose illegality is apparent on the face of the record may be addressed on direct appeal. See State v. Man-cino, 714 So. 2d 429 (Fla.1998); Gayton v. State, Case No. 97-3672, 725 So. 2d 1179 (Fla. 1st DCA 1998); Nelson v. State, 719 So. 2d 1230 (Fla. 1st DCA 1998) (en banc). But see Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA) (en banc), review granted, 718 So. 2d 169 (Fla.1998). Imposition of the statutory maximum for a youthful off…
  • Hudson v. State, 732 So. 2d 422 (Fla. 1st DCA 1999)
    …y to cause serious personal injury, a first-degree felony as proscribed by section 794.011(4). Although the defendant did not preserve the issue by an objection or rule 3.800(b) motion, we conclude that the error is fundamental. See Gayton v. State, 725 So. 2d 1179, 24 Fla. L. Weekly D34 (Fla. 1st DCA 1998); Peavy v. State, 706 So. 2d 943 (Fla. 1st DCA 1998). The error is not merely an error in scoring under the sentencing guidelines. Here, the defendant was sentenced for three life felony offenses, of which h…

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