RUDOLPH LOVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUDOLPH LOVE, APPELLANT,
STATE OF FLORIDA, APPELLEE
792 So. 2d 710
Florida District Court of Appeal, Fifth District (2001)
Positive Treatment
Cited by 4 cases
Opinion of the Court
HARRIS, J.
Finding that the prosecutor’s statements during closing argument do not warrant a reversal, we affirm appellant’s conviction and habitual offender sentence for sale of cocaine. Because the record on appeal is unclear regarding whether appellant actually pled to violation of probation in case number 95-19638 at or prior to the sentencing herein, we remand to the trial court for determination and resolution. At the same time, we remand to the trial court for reconsideration of its habitual offender sentence on the charge of possession of cocaine in light of section 775.084(l)(a)(3), Florida Statutes.
AFFIRMED in part; ISSUES REMANDED for reconsideration.
COBB and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Love v. State, 886 So. 2d 276 (Fla. 5th DCA 2004)…entenced to ten years as an habitual felony offender for the possession. This Court affirmed the conviction and sentence for [*277] sale, but remanded to the trial court to reconsider the habitual offender sentence for possession. See Love v. State, 792 So. 2d 710 (Fla. 5th DCA 2001). The defendant was resentenced to five years and no direct appeal was taken. The defendant then filed a 3.800(a) motion, claiming that the trial court had not orally pronounced that it was sentencing defendant as an habitual fel…
-
Cherry C. Villanueva v. Reynolds, 159 So. 3d 200 (Fla. 5th DCA 2015)…t a “trial court cannot weigh the evidence on a motion for summary judgment.” Lane v. Talloni, 626 So. 2d 316, 317 n. 1 (Fla. 5th DCA 1993) (citing Jones v. Stoutenburgh, 91 So. 2d 299, 302 (Fla.1956)); see also Hanson v. Liberty Mut. Fire Ins. Co., 792 So. 2d 710, 711 (Fla. 5th DCA 2001) (“In this case, although the greater weight of the evidence favors the finding [in support of summary judgment], facts do exist that supports [the opposing party’s] assertion to the contrary and sum,-mary judgment was improp…