STANLEY RIDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Rider v. State, 724 So. 2d 617 (Fla. 5th DCA 1998), a decision of the Fifth District Court of Appeal citing as authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). Rider contends that a condition of probation imposed by the trial court is overly broad. For the reasons expressed in our opinion in Maddox v. State, 760 So. 2d 89, 105 n. 11 (Fla.2000), we approve the decision of the Fifth District that this type of sentencing error must be preserved in order to be raised on direct appeal.1
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . We decline to address the other issues raised by Rider that are not the basis of our jurisdiction. See, e.g., Wood v. State, 750 So. 2d 592, 595 n. 3 (Fla.1999); McMullen v. State, 714 So. 2d 368, 373 (Fla.1998).
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Citator
Cited By
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Jackson v. State, 983 So. 2d 562 (Fla. 2008)…ee State v. Cote, 913 So. 2d 544 (Fla.2005); that the trial court improperly assessed costs, see Maddox, 760 So. 2d at 101-09; that the trial court improperly sentenced the defendant to simultaneous incarceration and probation, see Spencer v. State, 764 So. 2d 576, 577 (Fla.2000); that the trial court failed to award credit for time served, see Charles v. State, 763 So. 2d [*573] 316, 317 (Fla.2000); that the trial court failed to address in writing its decision to impose adult sanctions, see Cargle v. State,…
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Foster v. State, 889 So. 2d 951 (Fla. 5th DCA 2004)…s, Foster will not serve the probationary portion of his sentence in the Orange County case until he completes the five-year sentence he is serving in the Volusia County case. AFFIRMED. SHARP, W., and ORFINGER, JJ., concur. . In Spencer v. State, 764 So. 2d 576 (Fla.2000), cited by Foster, the Florida supreme court merely remanded for further proceedings in light of Maddox v. State, 760 So. 2d 89 (Fla.2000).…
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- McMULLEN v. State, 714 So. 2d 368 (Fla. 1998)
- Rider v. State, 724 So. 2d 617 (Fla. 5th DCA 1998)