BENNETT SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We find no reversible error in this ease. However, the special provisions page of the sentence appealed should be corrected to show Smith is to serve his minimum mandatory three year sentence pursuant to section 893.13(1)(e)(1) rather than section 893.135(1)(b), as it presently states. See Green v. State, 619 So. 2d 36 (Fla. 5th DCA 1993); Surratt v. State, 605 So. 2d 177 (Fla. 5th DCA 1992); Griffin v. State, 565 So. 2d 918 (Fla. 5th DCA 1990); Heath v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989); Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988).
We remand for correction of this clerical error. Otherwise, the conviction and sentence are affirmed.
AFFIRMED; REMANDED for correction of clerical error. W. SHARP, GRIFFIN and THOMPSON, JJ., concur.
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Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995)…, the disposition order exceeds the legal maximum because no credit was given for time already served on community control. The State’s concession of error on this point is well taken, and the cause is remanded for resentencing. See Mills v. State, 623 So. 2d 840 (Fla. 5th DCA 1993); Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992); Sipp v. State, 604 So. 2d 576 (Fla. 5th DCA 1992); see also Goss v. State, 608 So. 2d 541 (Fla. 3d DCA 1992). See generally State v. Roundtree, 644 So. 2d 1358 (Fla.1994); Stat…
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Roberts v. State, 698 So. 2d 1289 (Fla. 3d DCA 1997)…, on remand, may again impose a departure sentence if valid written reasons are provided. State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Madraso v. State, 634 So. 2d 749, 750 (Fla. 3d DCA), review denied, 645 So. 2d 453 (Fla.1994); Mills v. State, 623 So. 2d 840, 842 (Fla. 5th DCA 1993). Distinguishable is Grimes v. State, 616 So. 2d 996, 997-98 (Fla. 1st DCA 1992), review dismissed, 617 So. 2d 319 (Fla.1993). Therein, the trial court expressly elected not to sentence defendant as a habitual offender becau…
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Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998)…w sentences of two years’ community control. This was error. “[W]here a defendant who was originally sentenced to two years community control violates that community control, upon resentencing a new sentence of two years is illegal.” Mills v. State, 623 So. 2d 840, 841 n. 3 (Fla. 5th DCA 1993); see Cooper v. State, 672 So. 2d 638 (Fla. 5th DCA 1996) (holding that defendant who was originally sentenced to 18 months of community control, and upon violation was resenteneed to 24 months of community control, coul…
Authorities Cited
- Green v. State, 619 So. 2d 36 (Fla. 5th DCA 1993)
- Dubuis v. Sec. First Fed. Sav. & Loan Ass'n, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Leider v. State, 605 So. 2d 177 (Fla. 2d DCA 1992)
- Ferguson v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989)
- Heath v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989)
- Griffin v. State, 565 So. 2d 918 (Fla. 5th DCA 1990)