EDELMIRO ALVAREZ, A/K/A RAMON AQUINO, A/K/A JOSE RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-02-22
No. 89-03518
SCHOONOVER, C.J., and PARKER and PATTERSON, JJ., concur.
574 So. 2d 1213 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the revocation of the appellant’s community control and subsequent prison term. We remand this case to the trial court for entry of a written order listing the specific conditions of community control the appellant was found to have violated. Coley v. State, 479 So. 2d 277 (Fla. 2d DCA 1985). In all other respects, the appellant’s judgments and sentences are affirmed.

SCHOONOVER, C.J., and PARKER and PATTERSON, JJ., concur.


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  • Johnson v. State, 695 So. 2d 861 (Fla. 2d DCA 1997)
    …en those offenses arise out of the same criminal episode and involve the same contraband. See Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA), review denied, 639 So. 2d 978 (Fla.1994); Drake v. State, 614 So. 2d 24 (Fla. 2d DCA 1993); Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991). Since the record shows that both the trafficking and the conspiracy in this instance arose out of the same criminal episode and involved the same contraband, the trial court erred in ordering the minimum mandatory sentences for t…
  • Harden v. State, 595 So. 2d 585 (Fla. 2d DCA 1992)
    …iminal Procedure, to correct an alleged illegal sentence. The sentence, which involved the stacking of mandatory minimum sentences, is inconsistent with the principle announced in Branam v. State, 554 So. 2d 512 (Fla.1990). See also Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991). Nonetheless, it appears to have been proper at the time it was imposed and, in fact, subsequently affirmed by this court in Harden v. State, 541 So. 2d 1179 (Fla. 2d DCA 1989). See Palmer v. State, 438 So. 2d 1 (Fla.1983). As i…
  • Fannin v. State, 751 So. 2d 158 (Fla. 2d DCA 2000)
    …e, 654 So. 2d 1229 (Fla. 2d DCA 1995) (co-defendant of Fannin); Wilner v. Singletary, 647 So. 2d 187 (Fla. 2d DCA 1994); Zamora v. State, 584 So. 2d 156 (Fla. 2d DCA 1991); Hemandez-Reinoso v. State, 583 So. 2d 794 (Fla. 2d DCA 1991); Boom v. State, 574 So. 2d 1213 (Fla. 2d DCA 1991). The Fourth District, in Darrisaw v. State, 682 So. 2d 214 (Fla. 4th DCA 1996), agreed with our interpretation of Branam. Based on these decisions, we conclude that the trial court in this case should have granted Fannin’s motion…

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