TAMBASCO v. State

District Court of Appeal of Florida

TAMBASCO v. State

49 So. 3d 863, 2010 Fla. App. LEXIS 19166, 2010 WL 5128265

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2010

Docket5D10-553

StatusPublished

This text of 49 So. 3d 863 (TAMBASCO 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

TAMBASCO v. State, 49 So. 3d 863, 2010 Fla. App. LEXIS 19166, 2010 WL 5128265 (Fla. Ct. App. 2010).

Pincite

Opinion

COHEN, J.

Michael Tambasco appeals the judgment and sentence finding a violation of probation. We affirm in part and reverse in part. There was substantial, competent evidence to support the trial court’s finding that Mr. Tambasco violated conditions one and five of his probation. However, we reverse the sentence as it was general in nature, and did not specifically address the two counts for which Mr. Tambasco had been placed on probation. Scott v. State, 747 So.2d 1018 (Fla. 3d DCA 1999). This resulted in the imposition of a fifteen-year Department of Corrections sentence on count two which exceeded the five-year statutory maximum.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED for imposition of a corrected sentence.

MONACO, C.J., and EVANDER, J., concur.

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

COHEN, J.

Michael Tambasco appeals the judgment and sentence finding a violation of probation. We affirm in part and reverse in part. There was substantial, competent evidence to support the trial court’s finding that Mr. Tambasco violated conditions one and five of his probation. However, we reverse the sentence as it was general in nature, and did not specifically address the two counts for which Mr. Tambasco had been placed on probation. Scott v. State, 747 So.2d 1018 (Fla. 3d DCA 1999). This resulted in the imposition of a fifteen-year Department of Corrections sentence on count two which exceeded the five-year statutory maximum.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED for imposition of a corrected sentence.

MONACO, C.J., and EVANDER, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

49 So. 3d 863, 2010 Fla. App. LEXIS 19166, 2010 WL 5128265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tambasco-v-state-fladistctapp-2010.

Opinion

Related

Cite This Page — Counsel Stack