Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). · Go Syfert
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Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Cases Citing This Book View Copy Cite
45 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Cunningham v. State (fladistctapp, 2002-06-14)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 9 distinct citers.
cited Cited as authority (rule) Cunningham v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Yates v. State, 429 So.2d 815, 815 (Fla. 2d DCA 1983).
discussed Cited as authority (rule) Hill v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
Id. at 827 ; Kirk v. State, 493 So.2d 59, 60 (Fla. 2d DCA 1986) (illegal stop where police had policy to stop and identify persons on the street late at night, and appellant was riding bicycle without reflectors or lights in high crime area); R.B. v. State, 429 So.2d 815, 816 (Fla. 2d DCA 1983) (appellant saw squad car, quickly placed his hand in his jacket pocket, and started walking faster; no founded suspicion to detain).
discussed Cited "see" Jenkins v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See R.B. v. State, 429 So.2d 815 (Fla. 2d DCA 1983) (fact that defendant quickly placed his hand in pocket after seeing police car did not give rise to founded suspicion).
cited Cited "see" Ramsey v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).
cited Cited "see" Bull v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).
cited Cited "see" Hoff v. State
Fla. Dist. Ct. App. · 1985 · signal: see · confidence high
See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).
cited Cited "see" Bivins v. State
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983); Timmons v. State, 453 So.2d 143 (Fla. 1st DCA 1984).
cited Cited "see" James v. State
Fla. Dist. Ct. App. · 1984 · signal: accord · confidence high
Accord Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).
cited Cited "see, e.g." Blocker v. State
Fla. Dist. Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).
Donald YATES a/K/a Joseph Morgan, Appellant,
v.
STATE of Florida, Appellee.
82-718.
District Court of Appeal of Florida, Second District.
Apr 13, 1983.
429 So. 2d 815
Per Curiam.
Cited by 20 opinions  |  Published

Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal in this case, we find that the appellant has failed to demonstrate any reversible error, and therefore, the judgments and sentences appealed from are affirmed. However, at sentencing in open court, the court specifically retained jurisdiction over one-third of the sentence on count I of the information filed against the appellant but did not mention jurisdiction in connection with the sentences entered on counts II, III, IV, and V. The written judgments and sentences state that jurisdiction was retained on all counts.

Since a court's written order of judgment and sentence must not vary from its oral pronouncement, Gatti v. State, 324 So.2d 193 (Fla. 2d DCA 1975), retention of jurisdiction must be stricken from the judgments and sentences entered in connection with counts II, III, IV, and V.

Accordingly, the cause is remanded to the trial court to allow correction of the apparent clerical errors hereinabove mentioned.

The judgments and sentences are affirmed in all other respects.

DANAHY, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.