Booker v. State

District Court of Appeal of Florida

Booker v. State

479 So. 2d 269, 10 Fla. L. Weekly 2691, 1985 Fla. App. LEXIS 16886

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 1985

DocketNo. BG-259

StatusPublished

Cited by1 cases

This text of 479 So. 2d 269 (Booker v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Booker v. State, 479 So. 2d 269, 10 Fla. L. Weekly 2691, 1985 Fla. App. LEXIS 16886 (Fla. Ct. App. 1985).

Pincite

Opinion

WENTWORTH, Judge.

Appellant argues two points in appealing the summary denial of his second motion for post-conviction relief. We do not address the issue of credit for the year he served in jail as a condition of probation because that issue was raised in his first Rule 3.850 motion and the order on that motion was not appealed.

Appellant also contends his one year incarceration as a probation condition was violative of Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981). He presently serves a two year sentence for violation of that probation. An attack on the conditions of his probation comes too late in the circumstances here, after appellant has been found guilty of violation of that probation. Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982); see also, Bouie v. State, 360 So.2d 1142 (Fla. 2d DCA 1978).

The order appealed is affirmed.

SHIVERS and WIGGINTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WENTWORTH, Judge.

Appellant argues two points in appealing the summary denial of his second motion for post-conviction relief. We do not address the issue of credit for the year he served in jail as a condition of probation because that issue was raised in his first Rule 3.850 motion and the order on that motion was not appealed.

Appellant also contends his one year incarceration as a probation condition was violative of Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981). He presently serves a two year sentence for violation of that probation. An attack on the conditions of his probation comes too late in the circumstances here, after appellant has been found guilty of violation of that probation. Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982); see also, Bouie v. State, 360 So.2d 1142 (Fla. 2d DCA 1978).

The order appealed is affirmed.

SHIVERS and WIGGINTON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

479 So. 2d 269, 10 Fla. L. Weekly 2691, 1985 Fla. App. LEXIS 16886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booker-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack