Legal Opinion

Gomez v. State

District Court of Appeal of Florida

Decided January 26, 1982No. 81-395PublishedCited by 3 opinions

1Per curiam

There is no showing in the record that the court abused its discretion in denying defendant’s oral motion for continuance of the trial. Magill v. State, 386 So.2d 1188 (Fla.1980); Lyles v. State, 312 So.2d 495 (Fla. 1st DCA 1975); Fla.R.Crim.P. 3.190(g).

Appellant’s split sentence of four years of imprisonment followed by four years of probation is invalid, Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981), but upon remand for correcting the sentence, the court may, as one of its options, withdraw the sentence altogether and impose a new sentence not to exceed eight…

2Cases cited5 opinions

  1. Villery v. Florida Parole & Probation Com'nSupreme Court of Florida · 1981
  2. Magill v. StateSupreme Court of Florida · 1980
  3. Lewis v. StateDistrict Court of Appeal of Florida · 1981
  4. Lyles v. StateDistrict Court of Appeal of Florida · 1975
  5. Alexander v. StateDistrict Court of Appeal of Florida · 1981

3Cited by3 opinions

  1. Kindell v. StateDistrict Court of Appeal of Florida · 1982
  2. Beech v. StateDistrict Court of Appeal of Florida · 1982
  3. Willis v. StateDistrict Court of Appeal of Florida · 1982

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