Legal Opinion

Alcantara v. State

District Court of Appeal of Florida

Decided July 16, 2010No. 5D09-1091PublishedCited by 5 opinions

1Opinion of the CourtEvander, J.

Alcantara appeals from an order revoking his probation and sentencing him as a “violent felony offender of special concern who poses a danger to the community.” Alcantara contested the State’s reliance on an alleged 1992 conviction in Rhode Island for breaking and entering as the “qualifying offense” under section 948.06(8)(c), Florida Statutes (2008). Because the trial court improperly relied on Alcantara’s scoresheet or “rap sheet” as sufficient proof of a prior conviction, we reverse.

Alcantara admitted to violating his probation by changing his residence and leaving the county without his…

2Cases cited4 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 1998
  2. Moore v. StateDistrict Court of Appeal of Florida · 2006
  3. Bodie v. StateDistrict Court of Appeal of Florida · 2008
  4. State v. BarfieldDistrict Court of Appeal of Florida · 2008

3Cited by5 opinions

  1. Barber v. StateDistrict Court of Appeal of Florida · 2016
  2. Graham v. StateDistrict Court of Appeal of Florida · 2010
  3. Henson v. StateDistrict Court of Appeal of Florida · 2014
  4. Meredith Moon Taulbee v. State of FloridaDistrict Court of Appeal of Florida · 2019
  5. State of Florida v. Jonathan GomezDistrict Court of Appeal of Florida · 2015

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