LUCILLE BONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUCILLE BONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
764 So. 2d 888
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We affirm Appellant’s conviction and sentence upon a violation of probation notwithstanding a jury’s acquittal of Appellant on the offense constituting the violation. Acquittal on the substantive offense is not a collateral estoppel bar to revocation of probation on the same offense. See Russ v. State, 313 So. 2d 758 (Fla.1975); White v. State, 332 So. 2d 350 (Fla. 4th DCA 1976). We remand, however, for entry of a written order identifying the commission of the crime as the only ground for the violation.
STONE, KLEIN, and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Alphonso Smith v. State, 6 So. 3d 116 (Fla. 4th DCA 2009)…and imposing sentence. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In doing so, we have considered Smith’s argument, but find it lacks merit. Gonzales v. State, 780 So. 2d [*117] 266 (Fla. 4th DCA 2001); Bones v. State, 764 So. 2d 888 (Fla. 4th DCA 2000). We remand for entry of a written order of revocation of probation specifying the conditions appellant was found to have violated. Mills v. State, 948 So. 2d 994 (Fla. 4th DCA 2007); see also Cook v. State, 993 So. 2d 1186 (Fla…
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Parker v. State, 874 So. 2d 683 (Fla. 4th DCA 2004)…ion to correct illegal sentence in which he challenged his sentencing under the Prison Releasee Reoffender Punishment Act (“PRRPA”) and the sentencing guidelines. After an appeal to this court, in which we reversed his sentence, see Parker v. State, 764 So. 2d 888, 889 (Fla. 4th DCA 2000), Parker was resentenced to a guidelines sentence of twelve and a half years in prison along with a five year mandatory minimum term as a prison releasee reoffender. This too was appealed to this court and affirmed. See Parke…
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State v. Roesle, 799 So. 2d 447 (Fla. 1st DCA 2001)…had dismissed the underlying battery charge, which was 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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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berry v. Castro Farms, 313 So. 2d 758 (Fla. 1975)
- White v. State, 332 So. 2d 350 (Fla. 4th DCA 1976)