Elder v. State, 973 So. 2d 1209 (Fla. 2d DCA 2008). · Go Syfert
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Elder v. State, 973 So. 2d 1209 (Fla. 2d DCA 2008). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Meythaler v. State (fladistctapp, 2015-09-25)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Meythaler v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
A defendant can raise a double jeopardy argument for the first time in an appeal “(1) where the defendant entered a general plea, (2) where the double jeopardy violation is apparent on the face of the record, and (3) where nothing in the record indicates that the defendant waived his right to claim a double jeopardy violation.” Smith v. State, 973 So.2d 1209, 1210 (Fla. 2d DCA 2008); see also Novaton v. State, 634 So.2d 607, 609 (Fla.1994) (same).
cited Cited "see" Wilkes v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Smith v. State, 973 So.2d 1209, 1210-11 (Fla. 2d DCA 2008); Jackson, 868 So.2d at 1291 ; Deangelo, 863 So.2d at 374-75 .
discussed Cited "see" Williams v. State (2×)
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Smith v. State, 973 So.2d 1209, 1210-1211 (Fla. 2d DCA 2008); Jackson v. State, 868 So.2d 1290, 1291 (Fla. 4th DCA 2004).
Retrieving the full opinion text from the archive…
Latara Nichole ELDER, Appellant,
v.
STATE of Florida, Appellee.
2D06-3992.
District Court of Appeal of Florida, Second District.
Jan 16, 2008.
973 So. 2d 1209
Per Curiam.
Cited by 1 opinion  |  Published

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

In this Anders[1] appeal, Latara Elder's appellate counsel raises a minor sentencing issue. When Elder violated her probation, the court revoked her probation and sentenced her on all three counts even though counts one and two previously had been nolle prossed. In response to a motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), the trial court properly vacated the sentence on counts one and two but failed to correct the order of revocation of probation, which continues to show that Elder's probation was revoked on all three counts. We therefore remand with directions that the trial court enter a corrected revocation order removing all reference to counts one and two.

Affirmed and remanded.

FULMER, DAVIS, and KELLY, JJ., concur.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).