Legal Opinion

Otero v. State

District Court of Appeal of Florida

Decided October 20, 2004No. 4D03-2170Published

1Opinion of the CourtWarner, J.

We affirm the order of revocation of probation against appellant’s attacks on the trial court’s jurisdiction. Appellant’s claims have either been previously litigated or were not raised during the trial court proceedings.

In a prior appeal, we considered appellant’s challenge to the trial court’s jurisdiction in which he claimed he was never on probation for . his crimes. Otero v. State, 793 So.2d 1115 (Fla. 4th DCA 2001). We reversed and remanded to allow the state to produce an order placing appellant on probation. In the subsequent proceeding, the state found and presented the order of…

2Cases cited7 opinions

  1. Villery v. Florida Parole & Probation Com'nSupreme Court of Florida · 1981
  2. Lindsay v. StateDistrict Court of Appeal of Florida · 2003
  3. Otero v. StateDistrict Court of Appeal of Florida · 2001
  4. Tobin v. StateDistrict Court of Appeal of Florida · 1981
  5. Vaughan v. StateDistrict Court of Appeal of Florida · 2000

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