Legal Opinion

Fazio v. State

District Court of Appeal of Florida

Decided July 8, 1987No. 85-2012Published

1Opinion of the Court

LEHAN, Judge.

Defendant appeals from an order placing him on probation, his sentences, an order of restitution, and the imposition of costs and attorney’s fees.

The state concedes that the order placing defendant on probation should have reflected that the defendant pleaded nolo con-tendere to the offenses of burglary and petit theft, not burglary and grand theft. The state also concedes that the imposition of one sentence for two offenses was improper and that the case should be remanded for resentencing in that regard. See Fla.R.Crim.P. 3.701(d)(12).

The trial court, as a condition of…

2Cases cited6 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. State v. YostSupreme Court of Florida · 1987
  3. Mansell v. StateDistrict Court of Appeal of Florida · 1986
  4. Rago v. StateDistrict Court of Appeal of Florida · 1986
  5. Buchanan v. StateDistrict Court of Appeal of Florida · 1986

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