JIMMY HOUSTON GLAZE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIMMY HOUSTON GLAZE, APPELLANT,
STATE OF FLORIDA, APPELLEE
547 So. 2d 313
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the order of revocation of probation except as to Counts II-IV. Since the findings of violations contained in Counts II-IV lack an evidentiary basis, the cause is remanded with instructions to modify the order by striking those counts. See Higgs v. State, 470 So. 2d 75 (Fla. 3d DCA 1985). Additionally, appellant’s sentence is reversed and remanded to the trial court with instructions to resentenee appellant in accordance with his presumptive guidelines range, or in accordance with the one-cell “bump-up” authorized by Florida Rule of Criminal Procedure 3.701(d)(14). See Lambert v. State, 545 So. 2d 838 (Fla.1989).
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
LETTS, WALDEN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Korandovitch v. Vista Plantation Condo. Ass'n, Inc., 614 So. 2d 5 (Fla. 4th DCA 1993)…ge. Before us are two non-final orders, which we now dismiss. Turning to the first, the order granting appellee’s motion for summary final judgment on a permanent injunction is not a final order. See e.g., Lewis v. North Broward Hospital District, 547 So. 2d 313 (Fla. 4th DCA 1989). However, it is ap-pealable under rule 9.130(a)(3)(B), Florida Rules of Appellate Procedure. See also City of St. Petersburg v. Competition Sails, Inc., 449 So. 2d 852 (Fla. 4th DCA 1984). An appeal from a non-final order must be…
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Cusmina v. State, 549 So. 2d 1168 (Fla. 4th DCA 1989)…obation is affirmed. However, the case is remanded for the trial court to strike those findings that probation conditions 9 and 10 were violated. See § 948.03(1), Fla.Stat. (1987); Chatman v. State, 365 So. 2d 789 (Fla.4th DCA 1978); Glaze v. State, 547 So. 2d 313 (Fla.4th DCA 1989). DELL and GARRETT, JJ., concur.…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Higgs v. State, 470 So. 2d 75 (Fla. 3d DCA 1985)