JOSHUA D. MCCARTHY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Yates v. State, 823 So. 2d 273 (Fla. 5th DCA 2002)
  …e been followed (based on the incomplete record provided), there may have been a discrepancy between the oral sentencing and the written judgment. The appellate court sent the cause back to the trial level to resolve the matter. In Powell v. State, 774 So. 2d 869 (Fla. 1st DCA 2000), quite a different issue was presented: whether a trial court could sentence a defendant to an habitual felony offender sentence after the defendant violated his probation in a case where, although the trial court found the defen…

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• Busbee v. State, 187 So. 3d 1266 (Fla. 1st DCA 2016)
  …HFO designation in these three sentences was improper. “If the trial court did not place appellant on probation as a habitual felony offender, then it cannot sentence him as a habitual felony offender upon revocation of probation.” Powell v. State, 774 So. 2d 869, 870 (Fla. 1st DCA 2000) (citations omitted). In this case, it is clear that the petitioner was not placed on probation as a habitual felony offender. Nonetheless, upon violation of probation, he was sentenced as a habitual felony offender. This was…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)