GARY LEE JOLLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-03-01
No. 4D98-4317
FARMER and HAZOURI, JJ., concur.
756 So. 2d 142 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 2 cases


Opinion of the Court
SHAHOOD, J.

SHAHOOD, J.

We grant appellee’s Motion for Rehearing and Clarification, withdraw our opinion filed January 5, 2000, and substitute the following opinion in its place.

We affirm appellant’s revocation of probation. The fact that the misdemeanor charge of possession of cannabis was dismissed by the county court is of no consequence because the order of probation states that appellant shall not “violate any law of any city, county, state, or the United States (a conviction in a court of law is not necessary for you to be found in violation).” The filing of the 3.800(b) motion by appellant, pro se, after the filing of the notice of appeal, has no effect on any further remedies appellant may have pursuant to Rule 3.850, Florida Rules of Criminal Procedure.

Affirmed.

FARMER and HAZOURI, JJ., concur.


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Citator

Cited By

  • State v. Roesle, 799 So. 2d 447 (Fla. 1st DCA 2001)
    …as the basis for the revocation action. See Green v. State, 463 So. 2d 1139 (Fla.1985); Russ v. State, 313 So. 2d 758 (Fla.1975); State v. Jones, 425 So. 2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So. 2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So. 2d 142 (Fla. 4th DCA 2000) (on reh’g). REVERSED and REMANDED. ERVIN and BARFIELD, JJ., concur. BENTON, J., CONCURRING IN JUDGMENT WITH WRITTEN OPINION.…

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