JOSEPH MIDDLEBROOKS & ASSOCIATES, INC., APPELLANT,

v.

GEORGINA FYNE-KEMP, APPELLEE

Citator

Cited By

• Blair v. State, 805 So. 2d 873 (Fla. 2d DCA 2001)
  …emand this matter so that the trial ’ court may reconsider whether Blair’s probation should be revoked because of his use of alcohol and, if so, the sentence to be imposed. See Astore v. State, 618 So. 2d 790, 792 (Fla. 2d DCA 1993); Smith v. State, 664 So. 2d 72, 72-73 (Fla. 3d DCA 1995). In summary, we reverse the finding that Blair violated his probation due to the commission of a battery; we affirm the finding that he violated his probation due to the use of alcohol; we reverse the order of revocation o…
• Smith v. State, 705 So. 2d 1033 (Fla. 3d DCA 1998)
  …See, e.g., Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997); Wilson v. State, 506 So. 2d 1170 (Fla. 3d DCA 1987). However, it is not clear whether the court would have imposed the same sentence based solely on that violation. See Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995); Astore v. State, 618 So. 2d 790 (Fla. 2d DCA 1993); Jones v. State, 611 So. 2d 26 (Fla. 1st DCA 1992). We, therefore, vacate Smith’s sentence. On remand, the trial court may impose the same sentence or exercise its discretion to…
• Shadrick Bell v. State, 773 So. 2d 1201 (Fla. 3d DCA 2000)
  …und. However, we reverse the revocation because contrary to the state’s contention, the record does not clearly show that the trial court would have revoked probation and imposed the same sentence based on the valid ground alone. See Smith v. State, 664 So. 2d 72 (Fla. 3d DCA 1995), Accordingly, the revocation and sentence are reversed and the cause remanded for the trial court to determine whether defendant’s probation should be revoked and, if so, what sentence should be imposed. Affirmed in part, revers…

Authorities Cited

• Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988)
• Matrix Constr. Corp. v. Mecca Constr., Inc., 578 So. 2d 388 (Fla. 3d DCA 1991)