RENEE M. SMITH, FORMER WIFE, APPELLANT,

v.

MARK THOMAS MCELROY, FORMER HUSBAND, APPELLEE

Citator

Cited By (14 total)

• Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
  …ntenced to probation” on the possession charge and subsequently “resentenced” after a finding that probation had been violated. This argument is expressly contrary to the law. A sentence and probation are distinct concepts. See Landeverde v. State, 769 So. 2d 457, 462 (Fla. 4th DCA 2000). When a defendant is placed on probation, the court must stay and withhold the imposition of sentence regardless of whether adjudication of guilt is' withheld. See § 948.01(2), Fla. Stat.; Fla. R.Crim. P. 3.790(a). Richardso…

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• In re the Commitment OF Keith Norwood Smith v. State, 827 So. 2d 1026 (Fla. 2d DCA 2002)
  …t the privilege dissipates as to a particular crime once a conviction has become final and a fixed sentence has been imposed. “[W]here there can be no further incrimination, there is no basis for the assertion of the privilege.” Landeverde v. State, 769 So. 2d 457, 462 (Fla. 4th DCA 2000) (holding that three codefendants had legitimate Fifth Amendment claims, and thus could not be compelled to testify in Landeverde’s trial, because one had an appeal pending, the second could face an increased sentence if he v…
• Lawson v. State, 941 So. 2d 485 (Fla. 5th DCA 2006)
  …s not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law.” § 948.01(2), Fla. Stat. (2006); Landeverde v. State, 769 So. 2d 457, 462 (Fla. 4th DCA 2000). It would be anomalous, to say the least, to allow the trial court’s failure to specify the obvious to be used as a refuge for miscreants and slackers like Lawson who eagerly accept the grace of probation with little or no i…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
• Elbert C. Robinson and Verna Cotten Robinson v. Bailey, 370 So. 2d 46 (Fla. 1st DCA 1979)