Geri v. State, AH-376
| Decision Date | 04 June 1982 |
| Docket Number | No. AH-376,AH-376 |
| Citation | 415 So.2d 782 |
| Parties | Richard A. GERI, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., for appellee.
This appeal is from a judgment and sentence finding appellant guilty of probation violation and adjudging him guilty of grand theft, the charge for which he had previously pled nolo contendere and been placed on probation, and sentencing him for such offense. We affirm.
Appellant first contends that the trial court erred in revoking his probation because it lacked subject matter jurisdiction to enter the original order of probation; that the information charging him with grand theft was fatally defective in that it failed to allege that the taking was with the intent to permanently deprive the owner of his property; that such was an essential element of the crime, and, therefore, the circuit court lacked subject matter jurisdiction to enter the original order of probation. This contention is without merit. See Sinclair v. State, 46 So.2d 453 (Fla.1950).
Appellant also contends that the trial court's written order of revocation of probation is in error in that it does not conform to the trial court's oral findings; that it finds violations for which there was no evidence presented at the violation of probation hearing. The amended affidavit for violation of probation alleged that appellant had violated Condition 5 of his probation by committing the offenses of burglary of a dwelling and battery upon Ricky Sapp. In addition, it charged appellant with violation of probation by committing a battery upon Mary Jeffries and by committing the offenses of introduction of narcotics into the county jail, possession of marijuana, and possession of quaaludes. At the probation violation hearing, the state introduced evidence only as to the alleged battery upon Ricky Sapp and the burglary. The trial court, at the conclusion of the hearing, only found appellant guilty of those two offenses, but the subsequent order of revocation of probation finds that he violated Condition 5 (three paragraphs) in the amended affidavit. The first of the three paragraphs charged the burglary and the battery upon Sapp. The remaining two paragraphs relate to the other charges upon which no evidence was...
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Jackson v. State, 83-550
...consumption charge, that portion of the order must be stricken. Kemper v. State, 430 So.2d 964 (Fla. 2d DCA 1983); Geri v. State, 415 So.2d 782 (Fla. 1st DCA 1982). We are unable to determine whether the trial judge would have revoked the probation and imposed the sentence he did based sole......
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Maralit v. State, BA-452
...While the lack of subject matter jurisdiction may be the subject of a direct appeal from a plea of nolo contendere, Geri v. State, 415 So.2d 782 (Fla. 1st DCA 1982), when such claim is derivative of the constitutional issue for which there was no reservation of the right to appeal, we find ......
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Butler v. State, 83-1257
...court to correct the written order by omitting these violations as the basis of appellant's revocation of probation. See Geri v. State, 415 So.2d 782 (Fla. 1st DCA 1982). Second, the trial court's oral pronouncement at the revocation of probation hearing that appellant's unlawful drinking a......