CURTIS ROBERT MARKHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Willful And Substantial Violation Of Probation cases and more on FLexlaw
PER CURIAM.
Curtis Markham appeals his judgment and sentences entered upon revocation of probation. We affirm the trial court’s finding of a willful violation and we find no reversible error in the written order. However, we agree, and the State properly concedes, that the trial court erred in sentencing Markham to six years in prison on the first-degree misdemeanor count, which carries a maximum penalty of one year incarceration. See §§ 775.082(4)(a); 827.04(2), Fla. Stat. (1993). Accordingly, we reverse the .sentence on the misdemeanor count and remand for resentencing. Because it appears that Markham may have already served the sentence that may lawfully be imposed on this count and correction of that sentence will not result in his release, the trial court may wish to afford Markham an opportunity to waive his appearance at resentencing pursuant to Florida Rule of Criminal Procedure 3.180(d).
Affirmed in part, reversed in part, and remanded for resentencing.
BLUE, A.C.J:, and FULMER and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vontoria Devon Walker v. State, 751 So. 2d 677 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See Potts v. State, 430 So. 2d 900, 902 (Fla.1982); Bridges v. State, 376 So. 2d 233, 234 (Fla.1979); Jones v. State, 745 So. 2d 403 (Fla. 3d DCA 1999).…
-
Thomas v. State, 780 So. 2d 87 (Fla. 2d DCA 1999)…pen to the public or the defendant is licensed or invited to enter or remain” as constituting an affirmative defense and not as an essential element of burglary. 421 So. 2d at 511. See also Miller v. State, 733 So. 2d 955 (Fla.1999); Jones v. State, 745 So. 2d 403 (Fla. 3d DCA 1999). At trial, appellant did not challenge the burglary charge on the basis that the premises was open to the public. Moreover, the employee victim of the offense testified as follows: Q: What happens when you go into the back? A: W…