Mobley v. State, 2D06-4286.

CourtCourt of Appeal of Florida (US)
Writing for the CourtSilberman
Citation968 So.2d 632
PartiesVirgil MOBLEY, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 2D06-4286.,2D06-4286.
Decision Date26 October 2007
968 So.2d 632
Virgil MOBLEY, Appellant,
v.
STATE of Florida, Appellee.
No. 2D06-4286.
District Court of Appeal of Florida, Second District.
October 26, 2007.

Appeal from the Circuit Court for Polk County; Judith J. Flanders, Judge.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.


In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Virgil Mobley challenges the revocation of his probation and sentence in circuit court case number CF05-001390 after admitting to a probation violation. He also challenges his judgment and sentence in circuit court case number CF06-000574 after entering a no contest plea. We affirm in all respects except for a minor sentencing issue. See In re Anders Briefs, 581 So.2d 149, 152 (Fla. 1991). The trial court granted Mobley's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) with regard to a portion of a probation condition but failed to enter a corrected probation order. Thus, we remand for the trial court to enter a corrected probation order in accordance with its order granting the rule 3.800(b)(2) motion.

Affirmed but remanded for entry of a corrected order.

FULMER and WHATLEY, JJ., concur.

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6 cases
  • Bowden v. State Of Fla., 1D09-3600
    • United States
    • Court of Appeal of Florida (US)
    • 18 Octubre 2010
    ...of the corrected judgment and sentence as a result of the trial court's ruling on the 3.800 motion, entered May 6, 2010. Mobley v. State, 968 So. 2d 632 (Fla. 2d DCA 2007). WOLF, CLARK, and ROWE, JJ., CONCUR.--------Notes: 1. Anders v. California, 386 U. S. 738 (1967); see also Forrester v.......
  • Haddock v. State, Case No. 2D17-2060
    • United States
    • Court of Appeal of Florida (US)
    • 19 Octubre 2018
    ...for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So.2d 149, 152 (Fla. 1991) ; Mobley v. State, 968 So.2d 632, 632 (Fla. 2d DCA 2007). The trial court had granted Haddock's motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure ......
  • Gibson v. State, 2D06-2106.
    • United States
    • Court of Appeal of Florida (US)
    • 26 Octubre 2007
    ...or performance history. Id. Although the officer who handled the dog testified that the dog was certified and had completed 400 hours of 968 So.2d 632 training, the State failed to elicit any testimony from him regarding the dog's track record. The officer admitted that drugs are not always......
  • Hart v. State, s. 2D19-4980
    • United States
    • Court of Appeal of Florida (US)
    • 27 Agosto 2021
    ...its orders entered on June 18 and December 1, 2020, granting Mr. Hart's motions to correct sentencing errors. E.g. , Mobley v. State , 968 So. 2d 632, 632 (Fla. 2d DCA 2007) ; Hadley v. State , 239 So. 3d 216, 217 (Fla. 5th DCA 2018).Affirmed; remanded for entry of corrected sentencing orde......
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