Public-domain · open source
OpenJurist

666 So. 2d 590

Tocci v. State

District Court of Appeal of Florida

Decided January 19, 1996

District Court of Appeal of Florida · decided 1996-01-19

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-19

How this case has been cited

Cited by 17 later decisions — most recently January 2016

17 state decisions

70199620002010decided

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.

View the full empirical analysis of this case →

PARKER, Acting Chief Judge.

¶1Frederick Tocci appeals an order denying motion to correct sentence. We reverse as to Case No. CF87-3253A1-XX. Otherwise, we affirm as to the remaining issues raised by Tocci.

¶2On December 31, 1987, Tocci was placed on three years’ probation in Case No. CF87-3253A1-XX. In November 1990 an affidavit for violation of probation was filed which resulted in an order extending Tocci’s probation to July 16,1991.

¶3In 1994, in Case No. CF93-2199A1-XX, Tocci was sentenced for two felonies committed in 1993 to community control followed by probation. On May 12, 1995, following a violation of community control, Tocci was sentenced to four years in prison. On that same date, Tocci was also sentenced to four years in prison in Case No. CF87-3253A1-XX.

¶4The record before this court and a response from the state do not provide any basis for Tocci to receive any sentence in Case No. CF87-3253A1-XX. All court records establish that probation in that case ended on July 16,1991. We reverse the trial court’s order denying Tocci’s motion to correct his sentence in Case No. CF87-3253A1-XX and direct the trial court to vacate that sentence. Otherwise, the trial court’s order is affirmed.

¶5Reversed in part; affirmed in part.

PATTERSON and ALTENBERND, JJ., concur.
/666/so2d/590 · .json · Public domain