Legal Opinion

Torres v. State

District Court of Appeal of Florida

Decided December 7, 2016No. Case No. 2D13-3488Published

1Per curiam

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we ordered supplemental briefing to address the legality of the sentence imposed upon the revocation of Jose Torres’s probation. We also stayed proceedings in this matter pending the Florida Supreme Court’s review of Austin v. State, 158 So.3d 648 (Fla. 1st DCA 2014), review dismissed, 181 So.3d 1187 (Fla.2016). We now lift the stay, affirm the revocation of probation, and affirm the sentence without prejudice to Torres’s right to challenge the legality of the sentence by motion filed pursuant…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Raymond M. Austin v. State of FloridaDistrict Court of Appeal of Florida · 2014
  3. Raymond M. Austin v. State of FloridaSupreme Court of Florida · 2016

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