WILLIAM J. ALBRITTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM J. ALBRITTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
959 So. 2d 360
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Albritton filed a motion for post-conviction relief in six separate cases. The trial court summarily denied the motion. We find Albritton was entitled to relief as to Count III in case number 02-3160-CF-A-W. It was improper for the trial court to sentence Albritton to five years in the Department of Corrections followed by five years probation on his grand theft charge. Moore v. State, 882 So. 2d 977 (Fla.2004). Accordingly, we direct the probationary term for this count to be stricken. We affirm the remainder of the trial court’s order. AFFIRMED in part; REVERSED in part.
ORFINGER, TORPY and EVANDER, JJ., concur.
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Evans v. State, 989 So. 2d 1219 (Fla. 5th DCA 2008)…ion to suppress, ruling that Dorsey had the authority to consent to the search of the duffle bag because it was in her home and under her care, custody, and control.2 A motion to suppress presents mixed questions of law and fact. Lassiter v. State, 959 So. 2d 360, 363 (Fla. 5th DCA 2007). We first review the decision to determine whether there is competent, substantial evidence to support the factual findings after construing all of the evidence and reasonable inferences with a view to upholding the trial co…
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Grant v. State, 43 So. 3d 864 (Fla. 5th DCA 2010)…Wyche v. State, 987 So. 2d 23, 25 (Fla.2008). The court’s determination of historical facts enjoys a presumption of correctness and is subject to reversal only if not supported by competent, substantial evidence in the record. See Lassiter v. State, 959 So. 2d 360, 363 (Fla. 5th DCA 2007). However, the court’s determinations on mixed questions of law and fact and its legal conclusions are reviewed de novo. See id.; see also Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); C…
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Jalmel Lafarn Merriel v. State, 7 So. 3d 587 (Fla. 1st DCA 2009)…nside the home [*590] would endanger officers if they attempted to execute the search warrant with the suspect inside, so they “chose to wait for persons already in the house to exit because they wanted the house to be empty before trying to enter.” 959 So. 2d 360, 362 (Fla. 5th DCA 2007). Evidence also established that officers wanted to detain the suspect away from the home, so as not to tip off others associated with the narcotics lab they believed was operating there. Id. at 363. During extended surveilla…
Authorities Cited
- Geanetta Moore v. State, 882 So. 2d 977 (Fla. 2004)