Florida District Courts of Appeal, 1982

Frederick v. State

Florida District Courts of Appeal · Decided September 21, 1982 · Barkdull, Jorgenson, Schwartz

419 So. 2d 736; 1982 Fla. App. LEXIS 21174 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Nicholson v. Nicholson (Fla. Dist. Ct. App. 2015)
Casterline v. State (Fla. Dist. Ct. App. 1997)
Livolsi v. State (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Frederick appeals from an order which revoked the probation imposed pursuant to a 1978 nolo plea and resentenced him to consecutive five-year terms for burglary of a structure and grand theft. Despite a clerk’s notation which indicates otherwise, the transcript of the colloquy clearly reveals that the defendant pled only to burglary and did not do so to the count charging grand theft. The subsequent adjudication and sentence on that charge were therefore nullities and are consequently vacated and set aside. Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981). The burglary judgment is affirmed.

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