Jones v. State, 76-417

Decision Date01 February 1977
Docket NumberNo. 76-417,76-417
Citation341 So.2d 846
PartiesHarvey Lee JONES, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Appeal from Circuit Court, Dade County; Ira L. Dubitsky, Judge.

Bennett H. Brummer, Public Defender and Paul Morris, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.

PER CURIAM.

Affirmed on authority of Noble v. State, 338 So.2d 904 (Fla.1st DCA1976) without prejudice to test the legality of the sentence by filing in the trial court a motion under Fla.R.Crim.P. 3.850.

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4 cases
  • Walcott v. State
    • United States
    • Florida District Court of Appeals
    • November 15, 1984
    ...593 (Fla. 3d DCA 1977). Engel applied the COR to a sentencing error (violation of the single transaction rule), citing Jones v. State, 341 So.2d 846 (Fla. 3d DCA 1977) and Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976). Jones merely cites Noble. Noble cites no authority and only states t......
  • Gonzalez v. State, 79-268
    • United States
    • Florida District Court of Appeals
    • January 13, 1981
    ...allowing the defendant to test the legality of the sentence by filing a Rule 3.850 motion in the trial court. In Jones v. State, 341 So.2d 846 (Fla. 3d DCA 1977), this court followed the procedure announced in Noble. Then, in Engel v. State, 353 So.2d 593 (Fla. 3d DCA 1977), where the defen......
  • Engel v. State, 76-2276
    • United States
    • Florida District Court of Appeals
    • December 6, 1977
    ...has been specifically applied to attempts to challenge on appeal, as appellant does here, the legality of a sentence. Jones v. State, 341 So.2d 846 (Fla. 3d DCA 1977); and Noble v. State, 338 So.2d 904 (Fla. 1st DCA Based on these principles, the final judgment of conviction and sentences a......
  • Land Services, Inc. v. Resort Hosts International, Inc.
    • United States
    • Florida District Court of Appeals
    • February 1, 1977

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