Phelps v. State

District Court of Appeal of Florida

Phelps v. State

872 So. 2d 974, 2004 Fla. App. LEXIS 6103, 2004 WL 942326

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 2004

DocketNo. 1D02-3783

StatusPublished

This text of 872 So. 2d 974 (Phelps 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

Phelps v. State, 872 So. 2d 974, 2004 Fla. App. LEXIS 6103, 2004 WL 942326 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Although the record does not support the trial court’s finding that the defendant willfully violated the monetary conditions of his community control, it does amply support the more serious charge that he committed a new crime while he was on community control. It is clear that the error had no impact on the revocation or on the sentence imposed. Accordingly, we remand the case with directions to delete the finding that the defendant failed to comply with the monetary conditions, but otherwise affirm the revocation order on the merits.

The defendant also contends that the trial judge failed to award the proper jail credit. We affirm on this point, as well. See Moore v. State, 859 So.2d 613 (Fla. 1st DCA Nov.26, 2003), rev. granted, No. SC03-2136, 870 So.2d 822 (Mar. 1, 2004).

WOLF, C.J., PADOVANO and POLSTON, JJ., concur.

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

PER CURIAM.

Although the record does not support the trial court’s finding that the defendant willfully violated the monetary conditions of his community control, it does amply support the more serious charge that he committed a new crime while he was on community control. It is clear that the error had no impact on the revocation or on the sentence imposed. Accordingly, we remand the case with directions to delete the finding that the defendant failed to comply with the monetary conditions, but otherwise affirm the revocation order on the merits.

The defendant also contends that the trial judge failed to award the proper jail credit. We affirm on this point, as well. See Moore v. State, 859 So.2d 613 (Fla. 1st DCA Nov.26, 2003), rev. granted, No. SC03-2136, 870 So.2d 822 (Mar. 1, 2004).

WOLF, C.J., PADOVANO and POLSTON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

872 So. 2d 974, 2004 Fla. App. LEXIS 6103, 2004 WL 942326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack