ANTHONY GLOSTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTHONY GLOSTER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
758 So. 2d 744
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the order of revocation of probation as there is sufficient evidence to establish that defendant was in constructive possession of a gun at the 61st Street address. See Amador v. State, 713 So. 2d 1121 (Fla. 3d DCA 1998)(“Proof sufficient to allow a criminal conviction is not required to support a trial judge’s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged.”). This result renders it unnecessary to reach the propriety of revoking defendant’s probation based on possession of the second gun at a different address.
Affirmed.
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Citator
Cited By
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Alvarez Alberto Rodriguez v. State, 766 So. 2d 1147 (Fla. 3d DCA 2000)…Heggs. The trial court summarily denied relief, undoubtedly because this was a habitual offender sentence, not a guidelines sentence. Defendant has appealed. II. On this appeal, defendant relies on a recent decision of this court, Louis v. State, 758 So. 2d 744 (Fla. 3d DCA 2000), to argue that his sentence must be treated, as a matter of law, as a guidelines sentence, not a habitual offender sentence. In Louis, the defendant had been sentenced as a habitual offender to community control, which he violated…
Authorities Cited
- Gordon v. Winn Dixie Stores, Inc., 713 So. 2d 1121 (Fla. 4th DCA 1998)
- Amador v. State, 713 So. 2d 1121 (Fla. 3d DCA 1998)