EUGENE J. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE J. WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
798 So. 2d 789
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm without prejudice to appellant filing a properly sworn postconviction motion within the time remaining under Florida Rule of Criminal Procedure 3.850(b).
STONE, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Loring Spencer Jones v. State, 876 So. 2d 642 (Fla. 1st DCA 2004)…probation, however, for violating conditions neither orally pronounced nor embodied in a written order violates a defendant’s due process rights under the Florida and United States Constitutions. Perez, 805 So. 2d at 79. See also Kiriazes v. State, 798 So. 2d 789, 792 (Fla. 5th DCA 2001)(“[I]f a standard condition of probation is not orally announced at sentencing and is not included in the written probation order, then it is not imposed.”) When Appellant in this case committed the acts which allegedly cons…
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Grosso v. State, 2 So. 3d 362 (Fla. 4th DCA 2008)…sentence within sixty days to include the condition mandated by chapter 948.”). See also Beal v. State, 978 So. 2d 825 (Fla. 1st DCA 2008); Siplen v. State, 969 So. 2d 1171, 1172 (Fla. 5th DCA 2007); Fields, 968 So. 2d at 1033-34; Kiriazes v. State, 798 So. 2d 789, 794 (Fla. 5th DCA 2001). The Department of Corrections contends that it had a year after the sentence was imposed to file its motion to modify probation. The Department relies on sections 943.0436 and 775.24, Florida Statutes. According to the Dep…
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A.C. Harroll v. State, 960 So. 2d 797 (Fla. 3d DCA 2007)…omits a mandatory condition of probation under chapter 948 as part of the sex-offender sentence, the trial court may properly modify the defendant’s sentence within sixty days to include the condition mandated by chapter 948. Cf. Kiriazes v. State, 798 So. 2d 789 (Fla. 5th DCA 2001). Moreover, “[i]t does not offend double jeopardy principles to re-sentence a defendant to harsher terms when the original sentence [is] invalid....” See Allen v. State, 853 So. 2d 533, 536 (Fla. 5th DCA 2003)(citing Bozza v. U.S.…
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