ROLAND R. FAJARDO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-08-17
No. 94-3863
WOLF and LAWRENCE, JJ., concur.
658 So. 2d 1233 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
ERVIN, Judge.

ERVIN, Judge.

Appellant’s convictions and sentences for battery and aggravated assault are AFFIRMED, however, the written probation order is REVERSED and REMANDED with directions to conform it with the oral sentencing pronouncement of a 30.8-month probationary term.

WOLF and LAWRENCE, JJ., concur.


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  • Calhoun v. State, 721 So. 2d 1180 (Fla. 1st DCA 1998)
    …illey v. Harris, 354 So. 2d 1213 (Fla. 4th DCA 1978). On the merits, the state properly concedes that appellant is entitled to be resen-tenced because the trial court did not require corroboration of the prior convictions listed. Hamilton v. State, 658 So. 2d 1233 (Fla. 1st DCA 1995). Accordingly, we vacate appellant’s sentence and remand for re-sentencing. On remand, the state shall be given an opportunity to corroborate any pri- or convictions challenged by appellant before appellant is resentenced using an…
  • Brown v. State, 695 So. 2d 1295 (Fla. 2d DCA 1997)
    …When a defendant challenges prior convictions and the accuracy of the score-sheet, the state has the burden of producing competent evidence of the disputed convictions. Watson v. State, 591 So. 2d 951 (Fla. 2d DCA 1991). See also Hamilton v. State, 658 So. 2d 1233 (Fla. 1st DCA 1995); Moss v. State, 581 So. 2d 182 (Fla. 2d DCA 1991). The state failed to meet this burden. Additionally, we note that the seoresheet for circuit court case number 94-13884 contained a mathematical error which incorrectly added twe…
  • Farmer v. State, 709 So. 2d 592 (Fla. 1st DCA 1998)
    …rd conclusively refutes and therefore we reverse. See Fla. R.App. P. 9.140(i); see also Brye v. State, 677 So. 2d 1357 (Fla. 1st DCA 1996). As appellant correctly points out, these types of documents are merely hearsay. See, e.g., Hamilton v. State, 658 So. 2d 1233 (Fla. 1st DCA 1995); L’Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988) (if the truthfulness of a prior offense is challenged and the only evidence thereof is hearsay, corroboration of that pri- or conviction is required). On remand, the trial cou…

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