DEWAYNE FRANK NOBLE, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the judgment and conviction but allowed the appellant to challenge the legality of the sentence in the trial court.
Appellant was convicted of larceny and given a split sentence. The sentence included three years of incarceration with no credit for good or gain time…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gain Time Credit cases and more on FLexlaw
McCORD, Judge.
Appellant was convicted of larceny of an automobile and was given a five year split sentence, under § 948.01(4), Fla.Stat. (1975). The trial court ordered,
“After you have served three (3) years of said term, with no credit for good time or gain time the remainder of said sentence shall be stayed and withheld and you shall be placed on probation for a period of two (2) years under the supervision of the Florida Parole and Probation Commission.”
The notice of appeal filed by appellant recites that he appeals “the judgment and conviction.” Appellant’s brief raises no question regarding his judgment and conviction. The only question raised is whether or not the court erred in directing that appellant serve the first three years of his split sentence with no credit for gain time or good time. Furthermore, the record does not show that this question was ever raised in the trial court.
The “judgment and conviction” are affirmed without prejudice of appellant to test the legality of the sentence by filing in the trial court a motion under Fla.R.Crim.P. 3.850.
RAWLS, Acting C. J., and SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)…nce, relief should come from the trial court, upon a motion under Rule 3.850, Florida Rules of Criminal Procedure.2 The State relies on a severely eroded, if not implicitly overruled, line of cases, which it asks us to resurrect. In Noble v. State, 338 So. 2d 904 (Fla. 1st DCA 1976), the defendant, not having previously challenged his sentence, appealed only the trial court’s order that he receive no credit for good or gain time. The District Court affirmed without prejudice, specifically allowing the defend…
-
Dewayne F. Noble, III v. State, 353 So. 2d 819 (Fla. 1977)…BOYD, Justice. Dewayne Frank Noble’s petition for cer-tiorari was granted by this Court and the writ was issued to review the decision in this cause by the District Court of Appeal, First District, reported at 338 So. 2d 904. The writ was issued because the decision conflicts with State ex rel. Poe v. Allen, 196 So. 2d 745 (Fla.1967). Noble was convicted in the Circuit Court, for Gilchrist County, of larceny of an automobile. In a consolidated order of judgment and sen…
-
Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence