GLENN HENRY BROWN, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GLENN HENRY BROWN, III, APPELLANT,
STATE OF FLORIDA, APPELLEE
909 So. 2d 460
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We find no error in the denial of appellant’s motion to withdraw his plea to sale of cocaine. The court, however, also convicted and sentenced him for possession of cocaine, a separate count which the state had announced it would nolle pros. Because there was no plea to the possession count, we reverse the conviction and sentence on the possession count.
FARMER, KLEIN, and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…the face of the record, it may deny the motion without prejudice so that Petscher may file a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. I, therefore, respectfully dissent. .A brief word about the decision in Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005), is in order. There, the court held that the defendant was not entitled to credit for time served in a drug program as a condition of community control. I believe this is a correct result. See State v. Cregan, 908 So. 2d 387, 391…
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Carrier v. State, 925 So. 2d 386 (Fla. 4th DCA 2006)…sion in Cregan, this court was faced with the issue of whether a defendant would be entitled to post-conviction jail-time credit for 116 days that the defendant spent in the CARP drug treatment program while on community control. See Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005). In affirming the trial court’s denial of jail-time credit for time spent in CARP, this court noted the supreme court’s opinion in Cregan and concluded that “[pjost-conviction treatment in a drug rehabilitation facility as a cond…
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Mazza v. State, 948 So. 2d 872 (Fla. 4th DCA 2007)…custody in a drug treatment program as a condition of probation or community control. See State v. Cregan, 908 So. 2d 387, 389 (Fla.2005); Carrier v. State, 925 So. 2d 386, 388 (Fla. 4th DCA), rev. denied, 935 So. 2d 1219 (Fla.2006); Comer v. State, 909 So. 2d 460, 461 (Fla. 4th DCA 2005). We therefore affirm the order denying the motion to correct sentence. Affirmed. STEVENSON, C.J., and WARNER, J., concur.…
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