Philips v. State

Larry PHILIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 17, 1991.

District Court of Appeal of Florida · decided 1991-04-17

Relies on 545 So. 2d 279 - State v. Burch

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-17

How this case has been cited

Cited by 7 later decisions — most recently July 2014

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Richard L. Jorandby, Public Defender, and Jill Hanekamp, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm appellant's conviction but remand with directions that appellant's written sentence be corrected to conform to the trial court's oral pronouncement that his sentence be concurrent with an earlier sentence. We reject appellant's claim relating to improper police conduct because it was not properly raised in the trial court. We also reject appellant's claim that the minimum mandatory sentencing provisions of the law prohibiting the purchase of drugs near a school constitutes cruel and unusual punishment. See State v. Burch,545 So.2d 279 (Fla. 4th DCA 1989).

¶5ANSTEAD and DELL, JJ., and JAMES H. WALDEN, Senior Judge, concur.