Weinstein v. State

District Court of Appeal of Florida

Weinstein v. State

708 So. 2d 690, 1998 Fla. App. LEXIS 4336, 1998 WL 199368

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1998

DocketNo. 97-1406

StatusPublished

This text of 708 So. 2d 690 (Weinstein 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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Weinstein v. State, 708 So. 2d 690, 1998 Fla. App. LEXIS 4336, 1998 WL 199368 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Luke Weinstein was convicted on two counts of committing a lewd and lascivious act upon a child¹ and sentenced to a term of probation. Mr. Weinstein was later adjudicated guilty of violating the terms of his probation and sentenced to 167.7 months’ incarceration followed by five years’ probation. On appeal, Mr. Weinstein contends that his judgments and sentences must be reversed because: (1) the state presented insufficient evidence to prove that he had violated the terms of his probation by committing additional criminal acts; (2) the sentence imposed was excessive; and (3) the trial court erred in failing to enter a written revocation order setting forth its findings as to his probation violations. Finding no error with the judgments of guilt or the sentencing orders, we affirm. However, we must remand this case to the trial court for entry of an order setting forth written findings consistent with the court’s oral pronouncement regarding Mr. Weinstein’s probation violations. See Bass v. State, 662 So.2d 1024, 1025 (Fla. 5th DCA 1995).

Judgment and Sentences AFFIRMED; Cause REMANDED with directions.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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PER CURIAM.

Luke Weinstein was convicted on two counts of committing a lewd and lascivious act upon a child¹ and sentenced to a term of probation. Mr. Weinstein was later adjudicated guilty of violating the terms of his probation and sentenced to 167.7 months’ incarceration followed by five years’ probation. On appeal, Mr. Weinstein contends that his judgments and sentences must be reversed because: (1) the state presented insufficient evidence to prove that he had violated the terms of his probation by committing additional criminal acts; (2) the sentence imposed was excessive; and (3) the trial court erred in failing to enter a written revocation order setting forth its findings as to his probation violations. Finding no error with the judgments of guilt or the sentencing orders, we affirm. However, we must remand this case to the trial court for entry of an order setting forth written findings consistent with the court’s oral pronouncement regarding Mr. Weinstein’s probation violations. See Bass v. State, 662 So.2d 1024, 1025 (Fla. 5th DCA 1995).

Judgment and Sentences AFFIRMED; Cause REMANDED with directions.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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708 So. 2d 690, 1998 Fla. App. LEXIS 4336, 1998 WL 199368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinstein-v-state-fladistctapp-1998.

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