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Haynes v. State

District Court of Appeal of Florida, Second District
Mar 5, 1993
621 So. 2d 680 (Fla. Dist. Ct. App. 1993)
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Summary

holding that an appeal of an order challenging the denial of gain time upon resentencing for violation of probation is mooted by the release of the inmate from prison and properly dismissed

Summary of this case from Richardson v. McDonough
See 1 Summary

Opinion

No. 91-04112.

March 5, 1993.

Appeal from the Circuit Court for Hillsborough County; James M. Barton, II, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Mr. Haynes appeals his sentence imposed after violation of community control. The issue regarding the denial of gain time is moot because Mr. Haynes has served his term of imprisonment in case number 89-6816. We strike special condition 6 of the probation order in case number 91-10470 because it was not announced at sentencing. Olvey v. State, 609 So.2d 640 (Fla. 2d DCA 1992).

Affirmed as modified.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

Summaries of

Haynes v. State

District Court of Appeal of Florida, Second District
Mar 5, 1993
621 So. 2d 680 (Fla. Dist. Ct. App. 1993)

holding that an appeal of an order challenging the denial of gain time upon resentencing for violation of probation is mooted by the release of the inmate from prison and properly dismissed

Summary of this case from Richardson v. McDonough
Case details for

Haynes v. State

Case Details

Full title:BARRY HAYNES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 5, 1993

Citations

621 So. 2d 680 (Fla. Dist. Ct. App. 1993)

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