TIMOTHY LEE WINDOM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY LEE WINDOM, APPELLANT,
STATE OF FLORIDA, APPELLEE
984 So. 2d 678
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 21 cases
Opinion of the Court
PER CURIAM.
We, affirm, but remand for the limited, ministerial duty of correcting defendant’s sentence on Count 1 by deleting the 10-year minimum mandatory, and by correcting the degree of the offense from a life felony to a first-degree felony punishable by life. As in Velez v. State, 2008 WL 649479, 33 Fla. L. Weekly D721 (Fla. 3d DCA Mar 12, 2008), it is not necessary for the appellant to be present in person at the resentencing. See also Richardson v. Moore, 754 So. 2d 64, 65 (Fla. 3d DCA 2000); Windisch v. State, 709 So. 2d 606, 607 (Fla. 2d DCA 1998).
AFFIRMED and REMANDED.
PLEUS, MONACO and COHEN, JJ., concur.
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Kingsbury v. Kingsbury, 116 So. 3d 473 (Fla. 1st DCA 2013)…me.” 82 So. 3d at 993 (emphasis in original). Although it appears that Mr. Kingsbury may have had the ability to pay $4,000 per month in alimony, it is impossible to know for certain without some indication of his net income. See McCants v. McCants, 984 So. 2d 678, 682 (Fla. 2d DCA 2008) (“The trial court did not explain how it arrived at a net income amount of $4500 per month, and based on the record before us, we are compelled to reverse and remand for the trial court to reconsider this issue.”). In arrivi…
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LIN v. LIN, 37 So. 3d 941 (Fla. 2d DCA 2010)…trial court chose to accept the amounts included in the Wife’s sworn Sixth Amended Financial Affidavit. The trial court’s determination of the amount of a party’s income must be supported by competent, substantial evidence. See McCants v. McCants, 984 So. 2d 678, 682 (Fla. 2d DCA 2008); Matias v. Matias, 948 So. 2d 1021, 1023 (Fla. 2d DCA 2007). When there is conflicting evidence concerning a party’s income, it is within the trial court’s purview to determine what evidence is most credible. See, e.g., In re…
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- Windisch v. State, 709 So. 2d 606 (Fla. 2d DCA 1998)
- Richardson v. Moore, 754 So. 2d 64 (Fla. 3d DCA 2000)