JOSE COLON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-04-13
No. 2D04-1807
DAVIS and KELLY, JJ., Concur.
898 So. 2d 1203 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 4 cases
Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Jose Colon seeks review of the trial court’s order finding him in violation of his probation and the resulting judgment and sentence. We affirm the revocation of probation based on a violation of condition five for violating the law by committing a lewd and lascivious battery but remand with directions that the court delete the remaining grounds from the-revocation order because there was no evidence to support these additional grounds. See Hobbs v. State, 378 So. 2d 321, 322 (Fla. 2d DCA 1980); Isom v. State, 387 So. 2d 529, 530 (Fla. 3d DCA 1980).

DAVIS and KELLY, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Green v. State, 910 So. 2d 394 (Fla. 2d DCA 2005)
    …n in Baskin v. State, 898 So. 2d 266 (Fla. 2d DCA 2005), the State concedes that it was error for Green to be sentenced by a judge other than the judge who accepted his plea. See also Lopez v. State, 905 So. 2d 1045 (Fla. 2d DCA 2005); Gay v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005); Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002). Accordingly, we reverse Green’s sentences and remand for resentencing before the original judge unless the State can demonstrate on the record that resentenc-ing by a differen…
  • Kartsonis v. State, 302 So. 3d 508 (Fla. 2021)
  • Quijije v. State, 905 So. 2d 268 (Fla. 2d DCA 2005)
    …s, should sentence him. The State properly concedes that Judge Hardt erred in sentencing Quijije because Judge Ellis had accepted Quijije’s pleas and the record does not show that it was necessary for another judge to sentence him. See Gay v. State, 898 So. 2d 1203, 1204 (Fla. 2d DCA 2005); Snyder v. State, 870 So. 2d 140, 143 (Fla. 2d DCA 2004); Campbell v. State, 622 So. 2d 603, 603 (Fla. 2d DCA 1993); see also Fla. R.Crim. P. 3.700(c)(1). Therefore, we reverse Quijije’s sentences and remand for resentencin…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw