Tocci v. State

District Court of Appeal of Florida

Tocci v. State

666 So. 2d 590, 1996 Fla. App. LEXIS 300, 1996 WL 17264

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 1996

DocketNo. 95-04424

StatusPublished

Cited by1 cases

This text of 666 So. 2d 590 (Tocci 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.

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Tocci v. State, 666 So. 2d 590, 1996 Fla. App. LEXIS 300, 1996 WL 17264 (Fla. Ct. App. 1996).

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Opinion

PARKER, Acting Chief Judge.

Frederick Tocci appeals an order denying motion to correct sentence. We reverse as to Case No. CF87-3253A1-XX. Otherwise, we affirm as to the remaining issues raised by Tocci.

On December 31, 1987, Tocci was placed on three years’ probation in Case No. CF87-3253A1-XX. In November 1990 an affidavit for violation of probation was filed which resulted in an order extending Tocci’s probation to July 16,1991.

In 1994, in Case No. CF93-2199A1-XX, Tocci was sentenced for two felonies committed in 1993 to community control followed by probation. On May 12, 1995, following a violation of community control, Tocci was sentenced to four years in prison. On that same date, Tocci was also sentenced to four years in prison in Case No. CF87-3253A1-XX.

The record before this court and a response from the state do not provide any basis for Tocci to receive any sentence in Case No. CF87-3253A1-XX. All court records establish that probation in that case ended on July 16,1991. We reverse the trial court’s order denying Tocci’s motion to correct his sentence in Case No. CF87-3253A1-XX and direct the trial court to vacate that sentence. Otherwise, the trial court’s order is affirmed.

Reversed in part; affirmed in part.

PATTERSON and ALTENBERND, JJ., concur.

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