MAGNOLIA GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant/defendant, Magnolia Green, was adjudicated guilty by the trial court on charges of possession of heroin, possession of codeine, and possession of paraphernalia. A general sentence of seven years imprisonment was imposed on her. The court then suspended that sentence and ordered appellant to be placed on probation for ten years.
We affirm the judgment but reverse the sentence and remand this cause to the trial court for apportionment of the general sentence in accordance with Darden v. State, 306 So. 2d 581 (Fla.2d DCA 1975).
AFFIRMED in part; REVERSED in part, and REMANDED.
BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Bennie Jess, Jr. v. State, 384 So. 2d 328 (Fla. 3d DCA 1980)…d the cause so that the lower court may now make those determinations. Shanklin v. State, 369 So. 2d 620 (Fla. 2d DCA 1979); Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976); see McKeever v. State, 359 So. 2d 905 (Fla. 2d DCA 1978); Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977); compare Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979) (unsupported probation violation not substantial in relation to other charges; remand not required); Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979) (trial court ind…
-
Johnson v. State, 378 So. 2d 108 (Fla. 5th DCA 1980)…interest, but the trial judge was at liberty to believe that he did. The defendant contends an admission against interest is hearsay which, standing alone, cannot suffice as proof of violation of a condition of probation, relying on Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977) and White v. State, 301 So. 2d 464 (Fla. 1st DCA 1974). Contrary to this contention, a defendant’s admission, as opposed to statements by third parties, is not hearsay. Robinson v. Pepper, 94 Fla. 1184, 116 So. 4 (1928) and Jones,…
-
Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986)…e order of revocation, however, because the record indicates that the trial court would have revoked community control based solely upon the substantive violation of condition (5), which is amply supported by the evidence. See Terry; Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977). We also find that the trial court erred in sentencing appellant. According to the law in effect at the time appellant was originally sentenced, a trial court could, upon revocation of a defendant’s community control program, imp…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)