Mounts v. State

District Court of Appeal of Florida

Mounts v. State

421 So. 2d 22, 1982 Fla. App. LEXIS 28127

District Court of Appeal of Florida·Decided October 13, 1982·No. No. 81-1487·Published·Cited by 2 cases

Opinion

DAUKSCH, Judge.

This is an appeal from an order revoking probation and a sentence. Appellant alleges and appellee concedes the court erred by revoking the appellant’s probation as to Count IV of the Information # 79-1069CFA and sentencing him under that count because he was not serving probation for that count. He had already served his time for that conviction.

Those portions of the judgment and sentence which purport to reconvict and resen-tence appellant for Driving Under the Influence Resulting in an Accident as charged in Count IV of Information # 79-1069CFA are reversed and the remaining portions of the judgment and sentence are affirmed.

AFFIRMED IN PART; REVERSED IN PART.

ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.

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DAUKSCH, Judge.

This is an appeal from an order revoking probation and a sentence. Appellant alleges and appellee concedes the court erred by revoking the appellant’s probation as to Count IV of the Information # 79-1069CFA and sentencing him under that count because he was not serving probation for that count. He had already served his time for that conviction.

Those portions of the judgment and sentence which purport to reconvict and resen-tence appellant for Driving Under the Influence Resulting in an Accident as charged in Count IV of Information # 79-1069CFA are reversed and the remaining portions of the judgment and sentence are affirmed.

AFFIRMED IN PART; REVERSED IN PART.

ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.

Mounts v. State, 421 So. 2d 22, 1982 Fla. App. LEXIS 28127 (Fla. Ct. App. 1982).

Pincite

421 So. 2d 22 (Mounts v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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