MICHAEL WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant appeals four convictions and sentences entered on the same day in different cases. As to the convictions in case nos. 04-14844, 04-184, and 04-14530, the public defender has filed a brief in conformance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We have made our own review of the record and find no meritorious issues. We affirm.
As to the sentence in case no. 03-17579, on a probation violation, the public defender has filed a brief on the merits, contending that it was error for a successor judge to sentence Appellant without a showing of necessity required by Florida Rule of Criminal Procedure 3.700(c)(1). We affirm based on Scott v. State, 909 So. 2d 364 (Fla. 5th DCA 2005).
GUNTHER, STONE and WARNER, JJ., concur.
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Murphy v. State, 939 So. 2d 1168 (Fla. 4th DCA 2006)…from the administrative nightmare of recalling judges who may have been transferred to other divisions, to require the original trial judge to conduct sentencing after a probation revocation would violate the spirit of the rule. In Wilson v. State, 918 So. 2d 446 (Fla. 4th DCA 2006), the defendant contended that there was a violation of rule 3.700 in regard to his sentence for a probation violation and we affirmed, citing Scott. We accordingly conclude that the rule does not apply in this case. Appellant al…
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Hal D. Hicks v. Don Hoagland for Midwest Transit, Inc., 953 So. 2d 695 (Fla. 5th DCA 2007)…g its motion, the burden shifts to the other party to come forward with opposing evidence to show a question of material fact exists. Carnes v. Fender, 986 So. 2d 11 (Fla. 4th DCA 2006); accord State Farm Mut. Auto. Ins. Co. v. Austin Outdoor, Inc., 918 So. 2d 446, 447 (Fla. 4th DCA 2006). “[T]he opposing party must come forward with counterevidence sufficient to reveal a genuine issue.” Landers v. Milton, 370 So. 2d 368, 370 (Fla.1979). Because summary judgment forecloses the litigant from the benefit of a t…
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Coney v. State, 941 So. 2d 592 (Fla. 4th DCA 2006)…o not find that the August 28, 2002 sentencing order limited the court’s ability to sentence Coney upon a violation of probation. Also, we find no error in the successor judge sentencing appellant on the violations of probation. See Wilson v. State, 918 So. 2d 446 (Fla. 4th DCA 2006); Scott v. State, 909 So. 2d 364 (Fla. 5th DCA 2005). Finally, we find that Coney’s allegations of scoresheet errors are without merit. Affirmed. POLEN, KLEIN and GROSS, JJ., concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Valcom Driver Leasing, Inc. v. West, 909 So. 2d 364 (Fla. 1st DCA 2005)