Legal Opinion

Terry P. Powell v. State

District Court of Appeal of Florida

Decided July 7, 2017No. Case 5D16-1810PublishedCited by 9 opinions

1Per curiam

Terry Paul Powell appeals from a sentence imposed after he was convicted following a jury trial of three offenses: assault (Count I), resisting an officer with violence (Count II), and battery on a law enforcement officer (Count III). He raises two issues on appeal: first, that the trial court improperly imposed drug offender probation on Count III, as there was insufficient evidence that Powell qualified as a “chronic substance abuser” under section 948.20, Florida Statutes (2015); and second, that his sentence on Count II contains a scrivener’s error. We affirm his judgment and sentence,…

2Cases cited5 opinions

  1. State v. HearnsSupreme Court of Florida · 2007
  2. Williams v. StateSupreme Court of Florida · 2007
  3. Perry v. StateDistrict Court of Appeal of Florida · 2002
  4. Beard v. StateDistrict Court of Appeal of Florida · 2010
  5. Sutton v. StateDistrict Court of Appeal of Florida · 2013

3Cited by9 opinions

  1. ADAM RUSSELL MILLER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. Brian Allen Craig v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. Craig v. StateDistrict Court of Appeal of Florida · 2018
  4. Darriue Montgomery v. StateDistrict Court of Appeal of Florida · 2017
  5. Darriue Montgomery v. StateDistrict Court of Appeal of Florida · 2017

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