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672 So. 2d 634

Docket No. 95-2666.

Huff v. State

Clarence Eugene HUFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1996-04-26

Key passage — most relied on by later courts

“[A]lthough his original suspended sentence may have been improper ..., it is not reversible on this appeal because Appellant has already received the benefits of the improper sentence.”

quoted by 1 later decision, including Dupree v. State

Relies on Anders v. California · 531 So. 2d 161 - Poore v. State · Gaskins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-04-26

How this case has been cited

Cited by 6 later decisions — most recently February 2012

6 state decisions

30199620002010decided

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 →

¶1*635 Clarence Eugene Huff, Pro Se.

¶2Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

¶3Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Department of Legal Affairs, Tallahassee, for Appellee.

¶4PER CURIAM.

¶5This Anders appeal arises from an order of the lower court finding Appellant in violation of his probation and community control.[1] We affirm the finding that Appellant violated Condition 11 of his community control by failing to be at his approved residence. We reverse, however, the finding that Appellant violated probation in lower court case 94-4723. The record before us does not indicate whether the State charged or proved a violation of the conditions of Appellant's probation, as opposed to community control. Therefore, on remand, the trial court shall reconsider the finding of violation of probation.

¶6As to Appellant's sentence for aggravated battery, we hold that although his original suspended sentence may have been improper under Poore v. State,531 So.2d 161 (Fla.1988), it is not reversible on this appeal because Appellant has already received the benefits of the improper sentence. Gaskins v. State,607 So.2d 475 (Fla. 1st DCA 1992). Nevertheless, we must reverse and remand because we are unable to determine from the record whether Appellant was credited with time served on community control under the rule stated in Warrington v. State,660 So.2d 385 (Fla. 5th DCA 1995). On remand, the trial court shall determine and state on the record the amount of credit for time served on community control.

¶7AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

¶8BOOTH, JOANOS and VAN NORTWICK, JJ., concur.

NOTES

¶9[1] Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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