Jihad Kiran Elvy v. State of Florida

District Court of Appeal of Florida

Jihad Kiran Elvy v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 2024

Docket2023-3546

StatusPublished

This text of Jihad Kiran Elvy v. State of Florida (Jihad Kiran Elvy v. State of Florida) 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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Jihad Kiran Elvy v. State of Florida, (Fla. Ct. App. 2024).

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Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2023-3546 LT Case Nos. 2019-CF-4240-A 2021-CF-2752-A _____________________________

JIHAD KIRAN ELVY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Marion County. Anthony M. Tatti, Judge.

Matthew J. Metz, Public Defender, and Judson Searcy, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

August 23, 2024

PER CURIAM.

In this criminal appeal, we affirm the trial court’s imposition of $100 for the costs of prosecution. See O’Malley v. State, 378 So. 3d 672, 673 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024). However, based on the State’s concession, we remand with directions that the trial court enter a proper revocation order specifying that Appellant violated conditions three and five of his probation. See Collins v. State, 386 So. 3d 1057 (Fla. 5th DCA 2024).

AFFIRMED and REMANDED with directions.

MAKAR, JAY, and SOUD, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2023-3546 LT Case Nos. 2019-CF-4240-A 2021-CF-2752-A _____________________________

JIHAD KIRAN ELVY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Marion County. Anthony M. Tatti, Judge.

Matthew J. Metz, Public Defender, and Judson Searcy, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

August 23, 2024

PER CURIAM.

In this criminal appeal, we affirm the trial court’s imposition of $100 for the costs of prosecution. See O’Malley v. State, 378 So. 3d 672, 673 (Fla. 5th DCA 2024); Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024). However, based on the State’s concession, we remand with directions that the trial court enter a proper revocation order specifying that Appellant violated conditions three and five of his probation. See Collins v. State, 386 So. 3d 1057 (Fla. 5th DCA 2024).

AFFIRMED and REMANDED with directions.

MAKAR, JAY, and SOUD, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

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Jihad Kiran Elvy v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jihad-kiran-elvy-v-state-of-florida-fladistctapp-2024.