Cooke v. State

District Court of Appeal of Florida

Cooke v. State

519 So. 2d 31, 12 Fla. L. Weekly 2921, 1987 Fla. App. LEXIS 11620, 1987 WL 2880

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1987

DocketNo. 86-2225

StatusPublished

This text of 519 So. 2d 31 (Cooke 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.

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Cooke v. State, 519 So. 2d 31, 12 Fla. L. Weekly 2921, 1987 Fla. App. LEXIS 11620, 1987 WL 2880 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The defendant, Russell Horace Cooke, III, appeals the trial court’s judgment and sentence. The defendant filed a pro se supplemental brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We find no merit in any of the points raised on appeal. Our review of the record and the relevant law, however, reveals that the trial court erred in requiring the defendant to perform fifty hours of community service pursuant to section 27.3455, Florida Statutes (1985), because the defendant’s crimes occurred before July 1,1985, the effective date of that statute. See State v. Yost, 507 So.2d 1099 (Fla.1987). We, accordingly, strike that portion of the sentence imposing fifty hours of community service but affirm the judgment and sentence in all other respects.

Affirmed.

DANAHY, C.J., and SCHOONOVER and LEHAN, JJ., concur.

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PER CURIAM.

The defendant, Russell Horace Cooke, III, appeals the trial court’s judgment and sentence. The defendant filed a pro se supplemental brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We find no merit in any of the points raised on appeal. Our review of the record and the relevant law, however, reveals that the trial court erred in requiring the defendant to perform fifty hours of community service pursuant to section 27.3455, Florida Statutes (1985), because the defendant’s crimes occurred before July 1,1985, the effective date of that statute. See State v. Yost, 507 So.2d 1099 (Fla.1987). We, accordingly, strike that portion of the sentence imposing fifty hours of community service but affirm the judgment and sentence in all other respects.

Affirmed.

DANAHY, C.J., and SCHOONOVER and LEHAN, JJ., concur.

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Bluebook (online)

519 So. 2d 31, 12 Fla. L. Weekly 2921, 1987 Fla. App. LEXIS 11620, 1987 WL 2880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooke-v-state-fladistctapp-1987.

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