Gwathney v. State

District Court of Appeal of Florida

Gwathney v. State

531 So. 2d 253, 13 Fla. L. Weekly 2233, 1988 Fla. App. LEXIS 4276, 1988 WL 98593

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1988

DocketNo. 88-0452

StatusPublished

This text of 531 So. 2d 253 (Gwathney 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

Gwathney v. State, 531 So. 2d 253, 13 Fla. L. Weekly 2233, 1988 Fla. App. LEXIS 4276, 1988 WL 98593 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

We affirm the trial court’s revocation of probation but remand with direction to strike from the order of revocation, signed by a county judge, the three violations (I, II and V) which the circuit judge hearing this matter did not find to have occurred.

The circuit judge’s sentence of appellant was based upon the two remaining violations (III and IV). The erroneous form order was signed — after the legally correct sentencing — by a substitute judge who was fulfilling only a ministerial role.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

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

PER CURIAM.

We affirm the trial court’s revocation of probation but remand with direction to strike from the order of revocation, signed by a county judge, the three violations (I, II and V) which the circuit judge hearing this matter did not find to have occurred.

The circuit judge’s sentence of appellant was based upon the two remaining violations (III and IV). The erroneous form order was signed — after the legally correct sentencing — by a substitute judge who was fulfilling only a ministerial role.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

531 So. 2d 253, 13 Fla. L. Weekly 2233, 1988 Fla. App. LEXIS 4276, 1988 WL 98593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwathney-v-state-fladistctapp-1988.