JOHN HENRY THURMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1974-04-19
No. 73-1137
WALDEN, CROSS and MAGER, JJ., concur.
293 So. 2d 366 Florida District Court of Appeal, Fourth District (1974) Negative Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The only issue in this appeal is the sentence imposed upon defendant after revocation of probation, which sentence is alleged to be defective. The defendant was charged with and convicted of the crime of robbery and use of a firearm in the commission of a felony for which a 25-year sentence was imposed. Subsequently, upon defendant’s motion to mitigate, this sentence was vacated and the defendant was placed on probation for the offense of use of a firearm in commission of a felony; no reference was made in the order of probation to the crime of robbery. Defendant violated the terms of his probation and the court imposed a 7-year sentence for robbery and use of a firearm in commission of a felony. Inasmuch as the State concedes that the sentence imposed by the trial court contains erroneous references to a crime for which defendant was not placed on probation, i. e. robbery, the cause is remanded to the trial court for appropriate corrective action, as reflected by the record herein.

WALDEN, CROSS and MAGER, JJ., concur.


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  • …the exhaustion of administrative remedies was not a prerequisite to a suit brought to enjoin the construction of a building in violation of the city’s zoning code. However, just two years later in Medical Arts, Inc. v. Rohrbaugh, Fla.App.4th, 1974, 293 So. 2d 366, the same court reached the opposite conclusion without citing the Continental Con-Dev case. In Medical Arts the court held that it was essential for a property owner to exhaust his administrative remedies before seeking an injunction prohibiting th…
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  • City OF Gainesville v. Republic Inv. Corp., 480 So. 2d 1344 (Fla. 1st DCA 1985)
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