TIMOTHY GILMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY GILMORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
735 So. 2d 570
Florida District Court of Appeal, Second District (1999)
Caution
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Timothy Gilmore argues on appeal that he did not receive the correct amount of credit for time served. The State concedes that Gilmore may be entitled to more credit. Consequently, we remand this cause for the trial court to determine the correct amount of credit for time served to which Gilmore is entitled.
Gilmore’s conviction and sentence are otherwise affirmed.
FULMER, A.C.J., and WHATLEY and STRINGER, JJ., Concur.
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Citator
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Hatcher v. State, 834 So. 2d 314 (Fla. 5th DCA 2003)….Q. v. State, 801 So. 2d 304 (Fla. 5th DCA 2001). In order to confer upon the officer the authority to frisk the occupants of the vehicle, the officer must have a reasonable suspicion that the person is armed with a dangerous weapon. Smith v. State, 735 So. 2d 570, 572 (Fla. 2d DCA 1999) (citing Richardson; Thompson v. State, 551 So. 2d 1248 (Fla. 1st DCA 1989)); see also C.Q. “Examples of types of conduct which may constitute articulable facts to support a reasonable suspicion that a suspect is armed and dan…1 / 2
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Tristan Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005)…n unsafe condition. “[T]he Fourth Amendment requires only a reasonable assessment of the facts, not a perfectly accurate one.” Cashman, 216 F. 3d at 587. This court has held that a vehicle stop for a cracked windshield is justified. Smith v. State, 735 So. 2d 570, 571 (Fla. 2d DCA 1999) (“The vehicle in which Mr. Smith was riding was stopped for having a cracked windshield, a violation of Florida law.... Because the windshield was cracked, the vehicle’s stop was justified.”); see also Coleman v. State, 723 S…
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Welch v. State, 741 So. 2d 1268 (Fla. 5th DCA 1999)…1769, 135 L.Ed.2d 89 (1996); Saviory v. State, 717 So. 2d 200 (Fla. 5th DCA 1998), rev. denied, 729 So. 2d 394 (Fla.1999); Scott v. State, 710 So. 2d 1378 (Fla. 5th DCA 1998); State v. Snead, 707 So. 2d 769 (Fla. 2d DCA 1998). . See Smith v. State, 735 So. 2d 570 (Fla. 2d DCA 1999) (the authority to remove a passenger from a vehicle legitimately stopped for traffic infraction did not automatically give the officer the authority to frisk him; pat-down search was thus unconstitutional and motion to suppress mu…
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